By Andrew Hedgman
Copyright news
Tylere Edward Joseph Baker-Pearce, 39, is facing several charges including three counts of publicly performing a Nazi salute and one count of public nuisance (serious vilification or hate crime). He has not entered any pleas.
Police allege he first performed the salute during the AFL semi-final between the Brisbane Lions and Gold Coast Suns at the Gabba on September 13, during the national anthem and Welcome to Country.
After being granted bail from the watch house the next day, police allege he repeated the gesture at Roma Street around 12.30am on September 14, and again later that morning while travelling by train to the Gold Coast.
He was arrested after his initial court appearance on Monday over these alleged offences. As he was led away, he told media he did not make the salute and described himself as a “loyal Australian patriot”.
On Tuesday, Mr Baker-Pearce returned to Brisbane Magistrates Court wearing prison greens.
Despite smiling and waving to media as he was led away by police on Monday, he appeared withdrawn and subdued while sitting in the dock during his bail application.
Police prosecutor Tessa Eshmade strongly opposed his release.
“If released on bail, he’s an unacceptable risk of further offence,” Ms Eshmade said.
‘A deterrent’
She said after his earlier bail, Mr Baker-Pearce performed “the same gesture” again, with witnesses at Roma Street and Queensland Rail CCTV footage supporting the charges.
She also noted the offence carried a mandatory minimum sentence of 12 months imprisonment.
Mr Baker-Pearce’s lawyer, Lana Millar, argued that if convicted, he would be unlikely to serve actual time behind bars.
Ms Millar noted that he had travelled from NSW to attend court, and highlighted that he lived with multiple formal mental health diagnoses while receiving a disability pension.
She said the night already spent in the watch house was “in itself a deterrent for him.
Magistrate Jacqui Payne acknowledged his “number of mental health diagnoses” and described his criminal record as “dated.”
In granting bail, she cautioned him: “Don’t do anything to get yourself back here.”
He is due to return to court on October 17 for mention.
