“A sixth victim … was hit with a flag pole. Then, among this, five NSN members discharged missiles.”
Dober alleged Sewell had personally punched and kicked two victims, before being pulled away by his supporters.
A video image of an alleged neo-Nazi attack Camp Sovereignty on August 31.
The prosecution conceded some charges might not proceed to trial, depending on decisions made by the Office of Public Prosecutions.
In arguing for bail, defence barrister Dermot Dann, KC, raised issues with the police charges.
He said any future trial would likely be up to two years away. His client was at risk of spending more time on remand than any future sentence.
Dann also called for parity with Sewell’s 14 co-accused who were all released on bail, including 29-year-old Jaeden Johnson who has prior convictions for violent crimes.
Camp Sovereignty in Kings Domain is a sacred site for the Indigenous community.Credit: Penny Stephens
Dann said that Sewell had a job offer to work as a roof plumber’s assistant if bailed, and the support of his partner, and new accommodation for his family.
“He is now in solitary confinement … because of his so-called high-profile nature … to avoid potential conflict [in custody],” Dann said.
The maximum penalty for violent disorder is 10 years’ jail.
On September 5, Sewell was refused bail in Melbourne Magistrates’ Court on allegations he ordered his followers to attack people at a sacred Indigenous site, with a magistrate finding there were no bail conditions she could impose to keep Victorians safe.
Sewell’s fiancee, Rebecca Konstantinou, leaves the Supreme Court. Credit: Eddie Jim
Police had argued Sewell was likely to kill or seriously injure someone – or order one of his devoted followers to – unless he remained behind bars.
Sewell is also facing charges for allegedly assaulting a man who ran at him while his group marched through Bourke Street Mall about 12.30am on August 9.
At the time of Sewell’s arrest in September, he had been on two counts of bail, the magistrate said.
Sewell’s fiancee and mother of his two children, Rebecca Konstantinou, told the court the family would live in a share house, sublet to two other people, costing them all $1000 each a month.
While currently off work taking care of the children and receiving government payments, she said she usually worked as a behaviour consultant working in schools to support children with trauma and disability.
Konstantinou, who met Sewell in high school, said she was also willing to put forward a $20,000 surety to secure his release. Some of the funds would come from friends and family.
The court heard Sewell was currently on an 18-month community corrections order after being found guilty of intimidating a police officer and their wife. He had to perform 200 hours of community service, the court heard.
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He was last month found not guilty of offensive behaviour at a Ballarat rally.
Justice James Elliott told the court there were compelling reasons to grant Sewell bail and noted that the prosecution had not proved that the 32-year-old was an unacceptable risk to the community.
Conditions of bail will apply, but are yet to be finalised.
Sewell is scheduled to return to court in December in Victoria and South Australia.
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