Thomas Sewell: Prominent Melbourne neo-Nazi suffers court set back over protest outside Chinese consulate

A prominent Australian neo-Nazi’s behaviour outside the Chinese consulate has been condemned as appalling and utterly repugnant by a court. Thomas Sewell, 32, led a group of about 30 masked and black-clad men protesting outside the Toorak Rd site on October 26, 2024. The group held a banner that read; “yellow grubs hand over the baby mutilator” and burnt the Chinese flag and photos of Chairman Mao Zedong and Chinese President Xi Jinping, the court was previously told. The protest came about two months after then nine-month-old baby Luka suffered serious burns when a stranger poured hot coffee over him in a Brisbane park. Queensland Police later revealed a 33-year-old Chinese national was suspected of being behind the incident but had allegedly left the country just four days after Luka was injured. Authorities believe the alleged offender is in China, with whom Australia has no formal extradition arrangement. Through a megaphone, Mr Sewell was recorded calling those inside; “yellow grubs”, criticising Australia’s political leaders for being weak on China and demanding Chinese authorities return the alleged offender. He said he’d personally hang the alleged offender “from the tallest building in this country”, the court was told. Mr Sewell was charged with offensive behaviour and pleaded not guilty, fighting the charge in a hearing in the Melbourne Magistrates Court on Wednesday. The case returned to court on Thursday afternoon as magistrate Patrick Southey summarised the evidence and arguments before saying he would find the charge proven if not for a second defence Mr Sewell intends to mount. “Subject to any constitutional protection that is yet to be decided, I would find the charge proven beyond reasonable doubt,” he said. Mr Southey told the court prosecutors alleged the totality of Mr Sewell’s behaviour would be offensive to a reasonable bystander while Mr Sewell had argued it was “legitimate political comment”. Summarising Mr Sewell, Mr Southey said he’d argued a reasonable bystander was expected to be thick-skinned and tolerant of opposing views. Mr Sewell, he said, also argued the “colourful language” had to be seen in the context of the hot coffee attack on Luka — described as an allegedly racially motivated hate crime against a white baby. Mr Southey said, and prosecutors agreed, Mr Sewell and his group had a right to protest outside the Chinese consulate and that reasonable criticisms of the Chinese Communist Party could be made. But he said the video of the protest was “powerful and chilling” and “brings to mind Germany in the 1930s”. “Any reasonable person would be entitled to be appalled and ask themselves ‘what is Australia coming to?’,” he said. “Reasonable contemporary Australians do not accept racism at all, it is utterly repugnant.” Mr Southey said Mr Sewell had “descended to the crudest racism” and any responsible person walking by that day would be outraged and disgusted. The case has not yet concluded as Mr Sewell previously flagged plans to mount a constitutional defence to the charge, arguing it was protected free speech. Prosecutors dispute this and will argue his comments fell outside protected communications. This aspect of the case was adjourned until April 2 to allow Australia’s federal and state Attorneys-General to intervene if they so choose to. Last month, China’s ambassador to Australia Xiao Qian said Chinese authorities were “serious in investigating” the attack on Luka and a working group would be travelling to Brisbane to assist Australian investigators.