Former television soap star Damien Richardson may question the “mathematical formula” of a Nazi salute as he fights charges in court.

The former Neighbours and McLeod’s Daughters actor, 55, faced Moorabbin Magistrates Court today accompanied by his mother.

He is charged with performing a Nazi salute at a restaurant in Melbourne’s south-east in September 2024.

Richardson had asked police to consider offering him a diversion at a hearing in June, to spare him a criminal conviction, but this was rejected, the court was told today.

He has been charged with intentionally performing “a Nazi gesture whilst knowing that the symbol is associated with Nazi ideology” and that “the display “occurred in a public place, at Urban St restaurant in McKinnon.

Prosecutor Nicholas La Mattina applied to change the wording of the single charge, to remove “symbol” and “display”.

He also asked the magistrate to insert the words “Nazi salute” into the charge, and that it “is likely to be confused with or mistaken for a Nazi salute, whilst knowing the Nazi salute is a Nazi gesture”.

Magistrate Luisa Bazzani approved of the changed wording and ordered the matter be set down for a two-day contested hearing.

She said there were two issues: whether Richardson performed a Nazi gesture or salute; and whether he could be exempt under the Act as performing out of “genuine artistic purpose”.

“What’s conceded is the gesture Mr Richardson performed was a Nazi gesture, but not specifically a Nazi salute,” La Mattina said.

Defence lawyer Peter Monagle said his client claimed “it was a gesture which was made without thought as to what ramifications there may be”.

However, Bazzani said Richardson had referred to the fact he may be fined or jailed, while he was performing the gesture.

La Mattina said he may potentially call an expert on “what constitutes a Nazi salute” to give evidence to the hearing but flagged he needed further instructions before confirming this.

If called, Monagle said he would cross-examine that witness on the “mathematical formula” of what constitutes a Nazi salute, including how high an arm must be raised and the position of fingers.

“We would spend extensive time if an expert was called in regards to that,” the defence lawyer said.

A two-hour live stream of the incident may be played at the contested hearing, but Monagle said he would ask the court to not allow evidence of another speaker at the event.

“What he said would be prejudicial to my client’s case,” he said.

Richardson, who is facing a fine of up to $23,000 or 12 months in jail, will return to the court for a contested hearing on November 5 and 6.

The first Victorian convicted of performing a Nazi salute in public was Jacob Hersant, a far-right extremist who was handed a one-month jail term but freed on bail pending an appeal.