A magistrate in Victoria has found Thomas Sewell, a leader of a Neo-Nazi group, not guilty of offensive behavior related to a white supremacist rally he led in Ballarat. The ruling came after a multi-day hearing in the Ballarat Magistrates' Court, where Sewell faced a single charge stemming from the event on December 3, 2023.

Sewell, 32, represented himself in court and did not dispute that he led the rally, which involved approximately 30 men dressed in black. The group carried a banner reading, "Australia for the White Man, National Socialist Network," and was seen chanting white supremacist slogans. Sewell argued that his actions were political and not offensive.

During the hearing, the prosecution needed to demonstrate that a reasonable person would find Sewell's conduct offensive. Videos presented in court showed him delivering a speech filled with inflammatory rhetoric before leading the march through the city streets. Notably, Sewell was the only participant not wearing a mask.

On the final day of the hearing, a witness, Mark Doery, testified that he observed the rally and did not find it offensive. "It just looked like a bunch of boys in a group, going for a walk," Doery stated. He added that nothing stood out to him as offensive.

Magistrate Mike Wardell ultimately sided with Sewell, stating that the prosecution had not proven the behavior was "deeply or seriously insulting." He noted that what some may find offensive might not trouble others. "Society is evolving in attitudes all the time … Fringe groups are arising all the time," Wardell remarked.

Sewell also mentioned that he faced additional charges of offensive behavior from other incidents earlier in the year. He had previously been charged nearly two years ago with a similar offense. During the hearing, he attempted to seek legal counsel but was denied an adjournment by the magistrate.

The court heard from various witnesses, including members of the public and police officers. Acting Sergeant Guinther Borgelt expressed discomfort while monitoring the rally, describing the atmosphere as tense and intimidating due to the group's appearance. He noted, "Having the people around us made it quite tense … all dressed in black, it did seem intimidating."

Retired Detective Sergeant Stuart Latimer, who was also present, described the protest as disciplined, stating, "I didn't have any issues with behavior … what I would say is that it was very disciplined."

The hearing concluded with the magistrate's ruling, marking a significant moment in the ongoing discussions about free speech and hate speech in Australia. The case has drawn attention to the complexities surrounding political expression and public safety in the context of extremist groups.