A former actor from the television soap Neighbours has been convicted for making a gesture akin to a Nazi salute.

Damien Richardson, aged 56, faced charges for executing this gesture at a restaurant located in Melbourne’s south-east in September 2024, during a speech he was delivering.

During a two-day hearing at the Moorabbin Magistrates Court this week, a video capturing the gesture was presented as evidence.

Richardson’s legal representative, Peter Monagle, contended that the gesture was intended for legitimate “artistic or theatrical purposes” and argued that the restaurant’s closure meant it was not a public venue.

Despite these claims, the court ruled on Friday that Richardson was guilty of performing a gesture resembling a Nazi salute in a public setting.

Magistrate Justin Foster found the gesture was not performed for artistic, theatrical or academic reasons, and even if the venue was closed for a function it was still a licensed premises, which was a public place.

“The gesture made by the accused does resemble a Nazi salute, and it is likely to be confused with or mistaken for that gesture,” Foster told the court.

“So for those reasons I do find that a Nazi gesture, under the definition given to it, has been performed.”

However, Foster also found Richardson showed no “loyalty, affiliation or obedience” to Hitler or Nazis in performing the gesture, as described by an expert who gave evidence on Thursday.

As well as the gesture resembling a Nazi salute and being performed in a public place, the expert said it must demonstrate “loyalty or unconditional obedience to Hitler”.

“I do not find that it demonstrates loyalty or unconditional obedience to Hitler,” the magistrate said, taking into account all of the context about the gesture being made.

Prior to the salute, Richardson complained about his treatment in some Age articles, which he claimed labelled him as Nazi-like “to shut down what some might describe as extreme right-wing views”, the magistrate said.

“The salute that came immediately afterwards was in a mocking gesture, perhaps aimed at The Age, perhaps aimed at himself,” Foster said, adding he had not seen or investigated the articles himself.

“Together with the following the words … that he clearly wasn’t Adolf Hitler, and that he’s not a Nazi.

“And in fact, he went on a few moments later to describe how his own grandfather had fought in the war against Nazis and against the Nazi ideology, and he was very proud of his grandfather for doing that.”

Foster found Richardson also spent time during the 10-minute speech “shutting down what might be described as elements of anti-Semitism in the room”.

“And so I do not find beyond reasonable doubt, even on the balance of probabilities, that he was showing loyalty, affiliation or obedience, he was doing it to either mock himself or mock The Age newspaper,” he said.

Richardson will return to court on December 4 for a pre-sentence hearing.