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A senior neo-Nazi has been refused bail after a magistrate rejected claims his alleged rape threats against federal MP Allegra Spender were a 'philosophical term of art.'
Bondi-based Joel Davis, a high-ranking Sydney member of the National Socialist Network, is charged with using a carriage service to harass a federal parliamentarian.
He was taken into custody after allegedly urging members of a Telegram group chat to 'rhetorically rape' independent Wentworth Teal MP Allegra Spender.
Police allege Davis made the threat after Spender condemned the group for holding a police-authorised rally outside the NSW Parliament on November 8.
But Davis' barrister Sebastian De Brennan argued there was an innocent explanation behind Davis' social media post.
Appearing at the Downing Centre Local Court on Wednesday and Thursday, Mr De Brennan sought bail for Davis and tendered supporting material, including a sworn affidavit.
'The affidavit annexes some literature that goes some way, in my submission, to explaining that what he said on social media was in fact a philosophical term of art,' De Brennan said.
Davis has been in custody for almost two months, with his lawyer arguing the bail application was urgent due to changed circumstances, 'not least of which is delay'.
Neo-Nazi Joel Davis has been denied bail
Joel Davis (left) pictured alongside NSN leader Thomas Sewell (right) outside Melbourne Magistrates' Court
While the Crown prosecutor acknowledged delays in the matter, she told the court a substantial brief of evidence was due to be served on Wednesday.
Magistrate Greg Grogin noted the court was dealing with a backlog of about 680 matters and was unable to hear the bail application that day, adjourning it until Thursday.
Davis was arrested on November 20 at the Bennett Street Dairy in Bondi, in Sydney's eastern suburbs, where staff described him as a polite regular customer.
Davis was denied bail last year, despite Legal Aid lawyer Liam McKibbin telling the court he risked missing the birth of his child if he remained in custody.
Mr McKibbin said in November that Davis’ partner was nine months' pregnant, with her due date having passed the day before the bail hearing.
The Daily Mail revealed his partner Ivona Tomaskovicova welcomed the couple's son in late November.
In December the mother-of-one was seen with her infant son strapped to her chest in a baby harness at the couple's Bondi unit.
Davis had only recently moved from Melbourne to Sydney to be with Tomaskovicova.
Joel Davis was arrested at Bennett Street Dairy in November last year
The NSN held a police-authorised rally outside the NSW parliament on November 8, Joel Davis (pictured right)
Ivona Tomaskovicova seen outside her Bondi home, welcomed the couple's son in late November
Read More Update on jailed neo-Nazi as he's held in prison punishment cell: 'National security threat'
Last week Australian far-right activist Blair Cottrell used social media to update followers on Davis’ living conditions while on remand.
He claimed Davis was being held in a punishment ward at Long Bay, confined to a cell without a shower or television.
Cottrell also claimed prison staff determined when Davis could shower, escorting him to another block at their discretion.
He said authorities had labelled Davis a national security threat, resulting in the loss of basic prison rights.
According to Cottrell, Davis does not have access to a Bible and is unable to see a priest or chaplain while in custody.
Davis' bid for conditional liberty comes as the National Socialist Network announced plans to disband this Sunday as a result of new hate speech laws triggered by the Bondi massacre.
Legislation set to be debated in parliament next week would give the government powers to prescribe hate groups that currently fall below terrorist listing thresholds.
The neo-Nazi organisation announced it would dissolve to avoid past and present members being prosecuted for recruiting people to spread racial hatred.
Under the proposed laws, organisers, supporters, and recruiters of listed groups could face up to 15 years in prison, while ordinary members face seven.
He will return to court in February.