A high-ranking neo-Nazi has been refused bail after a magistrate dismissed arguments that his alleged threats to 'rhetorically rape' a federal MP were merely a 'philosophical term of art'. Joel Davis, a senior Sydney member of the far-right National Socialist Network (NSN), remains in custody charged with using a carriage service to harass independent Wentworth MP Allegra Spender.
Court Rejects 'Philosophical' Defence
During a two-day hearing at Sydney's Downing Centre Local Court, Davis's barrister, Sebastian De Brennan, sought conditional liberty for his client. Mr De Brennan tendered a sworn affidavit and supporting literature, arguing the social media post in question was an artistic philosophical expression rather than a genuine threat.
Magistrate Greg Grogin ultimately rejected this defence and denied bail. The court heard Davis has been in custody for almost two months since his arrest on November 20 at the Bennett Street Dairy in Bondi, where staff reportedly knew him as a polite regular.
Threats Followed Condemnation of Rally
Police allege Davis made the threatening post on a Telegram group chat after Ms Spender condemned the NSN for holding a police-authorised rally outside the NSW Parliament on November 8. The Crown prosecutor informed the court that a substantial brief of evidence was due to be served, acknowledging some delays in the matter.
Magistrate Grogin noted the court was managing a significant backlog of approximately 680 cases, which contributed to the adjournment of the bail application from Wednesday to Thursday.
Personal Circumstances and Organisational Dissolution
This is not Davis's first bail refusal. Last year, despite his Legal Aid lawyer Liam McKibbin stating Davis risked missing the birth of his child, bail was denied. The Daily Mail revealed his partner, Ivona Tomaskovicova, subsequently gave birth to their son in late November.
Davis's bid for freedom coincides with the NSN's announcement that it will disband this Sunday. The group cites new hate speech laws, triggered by the Bondi massacre, which are set to be debated in parliament next week. The proposed legislation would grant the government powers to proscribe hate groups that fall below terrorist thresholds.
Organisers, supporters, and recruiters of listed groups could face up to 15 years in prison, with ordinary members risking seven-year sentences. The NSN stated it is dissolving to protect past and present members from prosecution for recruiting people to spread racial hatred.
Meanwhile, Australian far-right activist Blair Cottrell recently claimed on social media that Davis is being held in a punishment ward at Long Bay prison. Cottrell alleged Davis is labelled a national security threat, confined without a cell shower or television, and has lost basic rights including access to a Bible or chaplain.
Joel Davis is scheduled to return to court in February.
