A conviction for a Nazi salute has been overturned after a judge determined the gesture was not a nod to Nazi Germany but a symbol of Croatian national pride.
The individuals, initially convicted for making the salute, were released after the court accepted that their actions were linked to their Croatian heritage, not to any extremist ideology.
Nikola Marko Gasparovic, 46, Dominik Sieben, 25, and Marijan Lisica, 46, were accused of performing Nazi salutes at Parramatta’s CommBank Stadium during a match between the Sydney United 58 and Macarthur football clubs on Oct. 1, 2022.
The three men of Croatian descent did not know each other and were seated in different areas of the stadium. Their actions were scrutinised under new New South Wales (NSW) laws that make the salute illegal.
Judge Sharon Harris overturned Gasparovic’s conviction on Nov. 19, ruling that his gestures were innocuous among other cheering fans.
Sieben’s conviction was similarly quashed after the court recognised his gestures as aligned with Croatian heritage, given he attended the match wearing a Croatian water polo cap and draped in a national flag.
However, Lisica’s actions—performed seven times, including while scaling a guard rail—were deemed deliberate and visible, with the judge noting his evasive answers to police and decision to display a large flag with the phrase “za dom” (meaning “for the homeland”), a term unconnected to Nazism.
Laws Target Nazi Symbols Nationwide
The cases have drawn significant attention as they test the limits of Australia’s new laws banning Nazi symbols and gestures.Victoria introduced its legislation in January, with NSW following suit.
NSW Premier Chris Minns has condemned Nazi symbols as remnants of a violent past, saying they lacked relevance in modern society.
In an earlier case, Victorian resident Jacob Hersant, 25, became the first person convicted under the state’s new laws after performing a Nazi salute in public.
Initially sentenced to a month in jail, Hersant was granted appeal bail shortly after serving less than an hour of his sentence.
Meanwhile, law enforcement has ramped up efforts to combat hate-driven ideologies. On Nov. 7, Victorian police launched an operation targeting the National Socialist Network, a Melbourne-based neo-Nazi group that is active throughout the country.
Coordinated raids across Melbourne suburbs led to arrests and the seizure of evidence linking the group to offensive public conduct, including an incident in Port Melbourne where individuals in offensive clothing allegedly harassed the public.
