The police have claimed that the threat emerged following Spender’s criticism of a group that conducted a rally, which had police authorization, outside the NSW parliament on November 8.

However, Davis’ lawyer, Sebastian De Brennan, contended that Davis’ post on social media has an innocuous explanation.

In an appearance at the Downing Centre Local Court today, De Brennan sought bail for his client, presenting various documents in support, including a sworn statement.

“The affidavit includes literature that, in my opinion, helps clarify that what he stated on social media was actually a philosophical expression,” De Brennan explained.

Davis has been held in custody for almost two months, and his lawyer emphasized the urgency of the bail request due to a change in circumstances, particularly citing delays as a significant factor.

While the crown prosecutor acknowledged there had been delays, she said a substantial brief of evidence was due to be served on De Brennan today.

Organisers, supporters and recruiters of listed groups face a maximum of 15 years in prison under the proposed laws while members face seven.

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