Soccer fan accused of making Nazi salute at game says he had so many beers he can't remember if he performed disgraceful act

A man dressed in army camouflage told police he 'couldn't remember' whether he performed a gesture that police say was a Nazi salute at a highly charged football grand final because he had so much to drink, a court has been told.

Nikola Marko Gasparovic, Dominik Sieben and Marijan Lisica separately attended the highly charged Australia Cup final between Sydney United 58 and Macarthur on October 1, 2022.

The men are all of Croatian background and are keen supporters of Sydney United.

All three men were captured separately performing an alleged 'Hitler salute' on CCTV and on a broadcast of the game by Channel 10.

The men are fighting one charge each of knowingly displaying by public act a Nazi symbol without a reasonable excuse at a hearing before magistrate Joy Boulos that entered its second day on Tuesday.

Parramatta Local Court was played body-worn footage of an interview with Mr Lisica months after the alleged incident.

The 45-year-old told Detective Sergeant Aaron Turner that he dressed in army camouflage and wore rosary beads at the game in 'honour of the people who died in the homeland in the war in the 1990s'.

The court was told Mr Lisica had also brought a large homemade banner that read 'Za Dom', which translates to 'for homeland'.

When asked whether he did a 'Nazi salute' at the game, Mr Lisica said he 'couldn't even remember' after consuming 10 beers before and during the game.

'I had a few drinks ... I was at the top of the stadium sitting with my massive flag,' he said in the footage.

He told Sergeant Turner that he sat at the top of the stadium for '30-40 minutes' looking into the crowd and became 'emotional'.

'All of a sudden they're calling us fascists ... hands were going up everywhere and they're labelling us,' he said.

When asked what his thought process would be if he was found to have done a Nazi salute, Mr Lisica said 'people interpret things their way'.

But he claims it was an appreciation for his Croatian people that 'goes back centuries'.

'I don't understand why everyone always says if we put our hand up it's a Nazi salute,' he said.

'I don't believe it's Nazism, if they did whatever they did, it's for Croatia.'

Footage played to the court on Monday showed Mr Sieben telling police he was disgusted that media had 'twisted' a photo of him to make it look like he displayed the Nazi salute.

The 25-year-old, who described himself as a videographer, told police that he had a 'long story' for them.

'Long story short I went to lawyers ... it was disgusting, the whole thing, everything that was accused of me,' Mr Sieben told police.

He told police that he had a beer in one hand and was attempting to cheer on his team with his other arm.

'Everyone was chanting ... the media grabbed my photo and twisted the entire thing and made it look like someone I'm not,' he said.

'It had nothing to do with the Hitler crap ... any of that crap ... it was blown out of proportion so much.'

Footage taken from Channel 10's broadcast and CCTV was played to the court, showing Mr Sieben holding his right hand up in the air on two occasions for a period of four to five seconds.

Mr Gasparovic's interview, which was played to the court on Monday afternoon, showed him telling police there was 'nothing wrong' when he held up his hand.

He told Sergeant Turner that he had 'nothing against' Jewish people.

Mr Gasparovic said he was 'proud' to be Croatian and left the football match happy but was shocked when he saw a photo of himself in the media the following day.

Charles Sturt University senior lecturer in terrorism studies Kristy Campion told the court that a right-hand palm salute did not automatically relate to Nazism.

Dr Campion told the court that history showed Croatians did not begin using the salute until after World War II and their collaboration with Germany.

The three men are unknown to each other, with the court earlier told that they had been charged under 'novel' NSW laws.

Police prosecutor Jarrod Imlay told the court that Mr Lisica wore army camouflage, while Mr Gasparovic carried a 'World War II era Nazi' flag.

Meanwhile, Mr Sieben wore a red and white jersey and had the Croatian flag hanging like a cape around his neck.

All three men were interviewed before they were charged with knowingly displaying by public act a Nazi symbol without a reasonable excuse.

It's the first time a person has been charged with the offence.

Anyone found guilty of the offence of displaying a Nazi symbol without an excuse faces a maximum penalty of 12 months imprisonment and/or an $11,000 fine.

The key issue at the hearing will be whether the salute constitutes a Nazi symbol, as it is not defined in the Act.

'It will be a matter for Your Honour to determine beyond a reasonable doubt whether the actions by the accused are a Nazi symbol,' Mr Imlay said.

Ms Boulos will have to determine whether the elements of the charge have been satisfied to a reasonable doubt and whether the men 'knowingly' conducted themselves in a particular way.

The hearing continues.