A member of an Australian neo-Nazi group has been refused bail for a second time, following charges related to allegedly threatening communications directed at independent federal MP Allegra Spender.
Charges and Initial Arrest
Joel Davis, aged 30, was taken into custody by Australian federal police in Bondi on 20 November. He faces one count of using a carriage service to menace, harass or offend. The charge stems from an alleged message concerning Ms Spender, which police claim encouraged others to send her "abusive and hateful messages".
This followed a protest by the National Socialist Network (NSN) outside the New South Wales parliament on 8 November, which Spender had condemned. Approximately 60 men attended the authorised rally, chanting a Hitler Youth slogan and displaying signs advocating for a "white and free Australia". Davis was identifiable in footage from the event, dressed in black and holding a megaphone.
Bail Arguments and Court Decision
Davis was initially denied bail in November, with the court citing a risk he might commit a serious offence. His lawyer, Matthew Hopkins, made a fresh application on Tuesday, arguing his client's circumstances had changed significantly.
Hopkins told the court that Davis's son had been born since his remand, meaning he "faces the prospect of missing the first Christmas with his child". He also detailed "harsh custodial conditions", including periods of solitary confinement, and contended the prosecution case was "not that strong".
A key point of contention was the phrase "rhetorical rape", allegedly used in the message. Hopkins argued this was a term used in heated political discourse, presenting a book and an article to support this claim.
Magistrate's Ruling and Case Strength
Commonwealth prosecutors opposed Davis's release. Magistrate Susan McIntyre, presiding over the case, refused the bail application. She stated that the factors raised by the defence did not meet the "high benchmark" required for a further release application.
Regarding the defence's argument about the phrase "rhetorical rape", Magistrate McIntyre said the submitted material did not diminish the prosecution's case as it currently stands. "The words speak for themselves," she noted, adding that she had reviewed surrounding material and that "his own 'patriots' seemed to use the word 'rhetorical rape' beyond its academic or literal meaning."
Davis appeared via video link from the Metropolitan Remand and Reception Centre. His case continues as he remains in custody.
