Shortly after his arrest, he appeared before a virtual bail court with hopes of securing his release.
The police asserted their case was robust, highlighting that Koschel referenced the new regulations but then allegedly violated them almost immediately.
In a 45-second speech, Koschel declared twice that Jewish people were the “greatest enemy,” drawing applause from parts of the crowd at Moore Park. This was broadcast live on YouTube and other platforms, as presented in court.
The police prosecutor argued, “His blatant and public incitement against the Jewish community poses a significant threat to public safety.”
Authorities claimed that moments before his speech, he was spotted with individuals linked to the National Socialist Network (NSN), the country’s most prominent neo-Nazi organization.
The court was informed that available public information indicated Koschel might have been affiliated with the group.
“Free Joel Davis, heil white Australia, heil Thomas Sewell,” Koschel said before leaving the stage, referencing NSN leader Sewell and a Sydney lieutenant charged over a public call for people to “rhetorically rape” federal MP Allegra Spender.
But the white supremacist group had disbanded in recent weeks and Koschel was not affiliated with any “active” group, the 31-year-old’s lawyer Jasmine Lau said.
She also played down the large white Celtic cross on her client’s shirt at the time of the speech, arguing it was not a symbol of the NSN.
“He tells me it’s just a Celtic cross symbol that was shown on the jumper,” Lau told the court.
The symbol has been used by a variety of white supremacist groups since the 1930s, the US Anti-Defamation League hate symbols database states.
Lau said it was unlikely Koschel would, if convicted, cross the threshold for receiving jail time.
He had family ties to Sydney, no firearm licence and a limited criminal history including no matters related to hate crimes.
But magistrate Daniel Covington was unconvinced Koschel posed little threat of causing further trouble, despite the limited criminal record.
Proposed bail conditions did not include specific non-association measures and there was no disavowal of the views of the suggested ideology, he said.
“It is difficult for me to determine what conditions could be put in place to both protect the community and the risk of committing further serious offences,” he said.
“There is a real risk of imprisonment.”
He refused bail and remanded Koschel in custody until February 3, when the case comes before Downing Centre Local Court.
Koschel remained silent for much of the bail hearing.
He appeared to make a gesture with his handcuffed right hand before his link from police cells was switched off.
The NSN announced it would disband earlier this month in anticipation of new federal laws targeting hate groups.
Davis, a key Sydney ally of NSN leader Thomas Sewell, told a bail hearing on January 15 he was no longer a member and “that chapter is now closed”.
He has been held on remand since November over the call for his supporters to “rhetorically rape” Spender, whose east Sydney electorate includes a large Jewish population.
Davis has argued “rhetorically rape” was a philosophical term of art, not a term to incite some to literally sexually assault the Wentworth MP.
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