Three men accused of performing Nazi salutes outside a Jewish museum told police it was a joke, with one man claiming he was copying Ricky Gervais ’ comedy material. Daniel Muston, 41, Ryan Peter Marshall, 31, and Anthony Raymond Mitchell, 32 were charged near the Sydney Jewish Museum in Australia last year. They have pleaded not guilty to behaving in an offensive manner in public and knowingly displaying Nazi symbols without an excuse.
Mitchell repeatedly referenced a performance by Gervais in an interview with New South Wales police. A clip of the comedian’s material was subsequently shown in court. In the skit, Gervais performs a mock Nazi salute and pushes his hair down to imitate Hitler, saying: “ I do that quick so no one can take a picture of me doing that.
Not a traditional subject for comedy, the old Holocaust.” Displaying a Nazi symbol carries a maximum penalty of 12 months’ jail time and an $11,000 (£5,620) fine or both, as per a law introduced by New South Wales (NSW) Parliament in 2022. Mitchell’s lawyer, Adrian Canceri, claimed the 32-year-old had been copying Gervais’ performance for “artistic purposes”, which is one of the exemptions under the NSW law.
The court viewed footage of the men walking past the Jewish museum on the day of the alleged offence, in which they can be seen raising their hands in what appear to be Nazi salutes. Magistrate Jennifer Atkinson questioned the timing of the alleged offence, which took place days after hundreds.