A former Neighbours actor has faced court where his lawyer asked for him to be spared a criminal conviction over an alleged Nazi salute.

Damien Patrick Richardson, 55, who also appeared in McLeod’s Daughters, faced Moorabbin Magistrates Court in suburban Melbourne supported by his mother on Friday.

He has been charged with performing a Nazi salute on September 14, 2024.

Richardson is accused of intentionally performing the salute “whilst knowing that the symbol is associated with Nazi ideology” in a public place at Urban Street restaurant in McKinnon, the court was told.

Defence, prosecution and Richardson all appeared online on Friday morning, but magistrate Luisa Bazzani asked them to come into the court in person.

Richardson’s lawyer Peter Monagle said his client was preparing material to hand to prosecutors asking he be given a diversion.

Diversion would mean Richardson is spared a criminal conviction for the offence. However, the prosecution must agree and then recommend it to a magistrate.

Monagle said if the diversion was not accepted by the prosecution then the matter would proceed to a three-hour contest mention. 

“The issues in dispute are legal,” he told the court.

“There was an action performed by my client, but there are provisions in the act that we say cover that, but the prosecution argues doesn’t cover that.”

He said there was no relevant prior case law, because the only people convicted of the offence “openly said they were Nazis”.

The first Victorian convicted of performing the gesture in public was Jacob Hersant, a far-right extremist. He was handed a one-month jail term that he has since appealed.

Hersant performed the salute in front of news cameras in October 2023, days after it was outlawed.

Monagle asked for time to gather materials in favour of diversion, including character and work references, and said Richardson had four letters from people at the event in question. 

Bazzani said if diversion was accepted, the matter would go before a magistrate for consideration.

If diversion was not accepted by the prosecution, then it was open for Richardson to enter a plea and seek a sentence indication, she said.

Richardson, who is on summons, will next face court on July 15.

Richardson starred as Gary Canning in Neighbours from 2014 to 2020. Photo: Network 10

He starred as Gary Canning in Neighbours from 2014 to 2020, and also appeared in Blue Heelers, McLeod’s Daughters and Wentworth.

He retired from acting in 2021 and unsuccessfully stood as a political candidate in the 2022 federal and state elections.

-AAP