A member of an Australian neo-Nazi group has again been refused bail, after he was charged over an alleged threatening message targeting independent federal MP Allegra Spender.
Joel Davis, 30, was taken into custody in Bondi on 20 November by Australian federal police, and accused of sending a “menacing message” about Spender.
At the time, without identifying Davis, the AFP said the message allegedly encouraged people to direct “abusive and hateful messages” at the politician after she condemned a protest by neo-Nazi group National Socialist Network on 8 November.
The police-authorised rally was attended by about 60 black-clad men who held up a sign and chanted a Hitler Youth slogan outside the NSW parliament. The speakers said they would fight for a “white and free Australia … not a multicultural police state”.
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Davis can be seen in footage from the event, dressed all in black and holding a megaphone.
The NSN member was originally refused bail in November due to risks he could commit a “serious offence”, despite his legal representative raising the imminent birth of his child.
His lawyer, Matthew Hopkins, argued on Tuesday that his circumstances had changed sufficiently that he should now be released.
Since Davis was remanded into custody, Hopkins said, his son has been born and he “faces the prospect of missing the first Christmas with his child”.
Hopkins said Davis was experiencing “harsh custodial conditions”, including solitary confinement.
Hopkins also argued that the prosecution’s case was “not that strong”, and suggested one of the phrases – “rhetorical rape” – allegedly deployed in the message his client is accused of sending “is used in heated, spirited political discourse”.
He proffered a book and an article in support of his claim.
The commonwealth opposed Davis’ release.
In her decision the magistrate, Susan McIntyre, said on Tuesday that none of the factors raised by Davis’ lawyer met “the high benchmark” that is set for a further release application, and she refused release.
The magistrate said that in her view, these issues about the meaning of the term “rhetorical rape” did not appear to diminish the strength of the prosecution’s case as it now stands.
“The words speak for themselves, but I have today received surrounding material in relation to the feed and other reaction to the ‘rhetorical rape’ comment,” she said.
“Needless to say, his own ‘patriots’ seemed to use the word ‘rhetorical rape’ beyond its academic or literal meaning,” she said.
Davis appeared on a video link from the Metropolitan Remand and Reception Centre. He is charged with one count of using a carriage service to menace, harass or offend.
