‘He’s not a Nazi’: Magistrate orders British man Kayn Wells to halt removal bid amid antisemitism charges

A British man accused of posting antisemitic material online has been ordered to halt attempts to voluntarily leave Australia, after a magistrate ruled his removal would pose an unacceptable risk to the criminal proceedings against him. Kayn Adam Charles Wells, 43, appeared at Caboolture Magistrates Court on Wednesday as prosecutors and defence lawyers clashed over whether his request to be removed from Australia breached bail conditions and whether the court had the power to intervene. Mr Wells is charged with three counts of displaying banned Nazi symbols and one count of using a carriage service to cause offence. Police allege he uploaded offensive material to social media platform X (formerly Twitter) between October 10 and November 5, including images of a Nazi swastika and content calling for violence against the Jewish community. One post allegedly stated: “There is no Aboriginal culture. It’s not a culture. Born here means Australian. Not skin colour.” He was arrested at his Caboolture home in December, with police further alleging he continued posting after one account was blocked by creating another account with a similar name. Officers also allege a search of his home uncovered weapons, including swords bearing swastikas, axes and knives. The court was told Mr Wells is currently on bail but is being held in immigration detention after his Australian visa was cancelled under character provisions. Prosecutor Annabelle Bridgland told the court Mr Wells had signed paperwork requesting voluntary removal from Australia under the Migration Act, prompting concern he may not reappear to face the charges. “The defendant has a desire to be removed from the country,” Ms Bridgland said, describing him as a flight risk. The court was told police only became aware of the voluntary removal application shortly before the hearing. She told the court the prosecution anticipated amendments to the charges and said the first three offences carried a mandatory minimum penalty of 12 months’ imprisonment. Ms Bridgland said it was common practice for the Director of Public Prosecutions to seek bail variations in circumstances where a defendant in immigration detention sought removal. She said there was “a bit of a tension” between the criminal proceedings, immigration detention, and the Department of Home Affairs processes. “It’s a process, unfortunately, but we just have to navigate,” Ms Bridgland said. Legal Aid lawyer Bree-Anna Bowtell advised the court that Mr Wells had lodged an application for legal aid but did not yet have a solicitor. However, she argued the application for voluntary removal was lawful at the time it was made and that it was not a matter for the court to determine. She said the decision rested with the Department of Home Affairs and that preventing Mr Wells from pursuing removal would infringe on his human rights. “It’s not the decision of this court … it would be infringing on his human rights to make that decision,” she argued. She also noted that before his visa had been revoked and taken into detention, Mr Wells had complied with all existing bail conditions, had not reoffended, and had continued to report as require. Ms Bridgland countered that Mr Wells did not have permission from the DPP to leave Australia and that his bail already restricted his freedom of movement to ensure he faced prosecution. The magistrate ruled there had been a change in circumstances since bail was originally granted, particularly due to the cancellation of Mr Wells’ visa and his subsequent immigration detention. “That freedom of movement is limited,” the magistrate said. He added it was appropriate to impose additional conditions to ensure Mr Wells’ appearance in court. He ordered two new bail conditions; that Mr Wells must cease taking any further steps to be voluntarily removed from Australia, and that he notify the Department of Home Affairs by close of business on Wednesday that he was withdrawing his request. The court was told that failure to comply would result in Mr Wells being taken into custody. Mr Wells was remanded to reappear in Caboolture Magistrates Court on February 18, while his application for legal aid is assessed. Outside of court, Mr Wells’ wife Kellie spoke emotionally, disputing the allegations and rejecting claims her husband was a neo-Nazi. “He’s not a Nazi,” Ms Wells said. “He needed psychological help.” She said Mr Wells had finally begun receiving mental health support while in immigration detention and described him as “not a bad person”. She told NewsWire the couple met while she was living in the UK, where Mr Wells had lived before moving to Australia, and said they share a teenage son. “He came here for love,” she said. She said the ordeal has been “devastating” for all three of them.