Tasmanian former crown prosecutor Tony Jacobs has lost an appeal against a tribunal decision ordering him to pay a man of German origin $500 for performing a Nazi salute at him and saying, "Heil Hitler".
The Supreme Court heard that in February 2021, two Helping Hands volunteers were using an elevator in the Wellington Shopping Centre car park in Hobart to transport trolleys of donated food.
When their lift stopped before their floor, a pregnant woman tried to enter the lift.
One of the volunteers, Tim Seidenspinner, then pointed to a sign indicating the elevator had already reached its maximum COVID-safe occupancy of two people.
Mr Jacobs, who was waiting with the pregnant woman outside the lift, then put his arm in front of the doors to prevent it from leaving, telling Mr Seidenspinner the pregnant woman should not have to wait for another lift.
Mr Seidenspinner said it was important the pregnant woman follow COVID guidelines and asked Mr Jacobs to remove his arm.
The court heard Mr Jacobs then performed a Nazi salute and said "Heil Hitler" before the lift departed.
Man's behaviour 'reminded him of an SS officer from movies'
Mr Seidenspinner complained to the Anti-Discrimination Commissioner on the grounds he found Mr Jacobs' conduct "offensive, intimidating, insulting and ridiculing", saying his actions were because of his German nationality.
The commissioner referred that complaint to the Tasmanian Civil and Administrative Tribunal, who earlier this year ordered Mr Jacobs pay Mr Seidenspinner $500 for the injuries he suffered.
In his appeal to the Supreme Court, Mr Jacobs denied that the comments were racist, saying he had no way of knowing he was German.
Although he acknowledged he spoke with an accent, Mr Jacobs said if he had to place it, he "may have gone and picked Dutch".
Instead, he claimed he performed the salute because Mr Seidenspinner's behaviour at the lift "reminded him of an SS officer as portrayed in the movies".
However, Acting Justice Martin dismissed the appeal, saying "it was not a coincidence that the person who the appellant called a Nazi, and to whom the appellant directed the Nazi salute saying 'Heil Hitler', was of German heritage."
Previous run-in with tribunal
It's not the first time Mr Jacobs has been brought before a tribunal accused of racial discrimination.
In 2011, Tasmania's Anti-Discrimination Tribunal dismissed allegations of racism and sexual harassment brought by his former neighbour, property developer Soheil Mehrab Khani, on the grounds he had referred to him as "Ayatollah" and stuck up two fingers at him.
While the tribunal found these actions did occur, it was determined the "Ayatollah" comment was not made in a context that would ridicule Iranians, and the two-finger gesture did not have sexual connotations.
