A 32-year-old neo-Nazi, Thomas Sewell, accused of orchestrating a violent assault on a First Nations protest camp, has been granted bail. Sewell, who had previously been unsuccessful in securing bail two months ago, returned to Melbourne’s Supreme Court with a prominent barrister to argue his case for release.

Following his arrest on September 2 outside Melbourne Magistrates Court, Sewell had been held in remand for 72 days. However, after deliberating overnight, the judge decided to allow him to walk free on bail, considering the circumstances presented in court.

The prosecution highlighted Sewell’s significant involvement and leadership in the attack, suggesting that his actions could warrant a prison sentence approaching the maximum of 10 years. Despite this, Sewell’s legal representative, Dermot Dann KC, contended that it was unjust for Sewell to remain incarcerated while 14 others accused in connection with the same incident had been released on bail.

Dann further argued that with a trial potentially two years away, it would be unreasonable to keep Sewell in custody, especially since the likelihood of him receiving the maximum sentence for violent disorder was slim. The court ultimately agreed with this assessment, resulting in Sewell’s release on bail.

Sewell’s barrister Dermot Dann KC argued it was unfair for Sewell to remain locked up when 14 co-accused had already been bailed.

He said a trial might not happen for two years, and the maximum 10-year term for violent disorder was not “in the realm” of any sentence Sewell would be handed for his alleged role.

Dann said any risk Sewell posed to the community could be ameliorated by bail conditions, including stopping him from coming into Melbourne’s centre and not contacting co-accused.

Sewell’s fiancée Rebecca Konstantinou has put forward a $20,000 surety to secure his release on bail, which she said was funded from her own savings and from “family and friends”.

Justice Elliott agreed with the defence’s submissions as he approved Sewell’s release today.