Neo-Nazi Thomas Sewell, who allegedly led a violent group attack on a First Nations protest camp, will walk free from court on bail.

The 32-year-old hired a top barrister to argue he should be freed for a second time before Melbourne’s Supreme Court on Wednesday, after an unsuccessful attempt two months ago.

After Sewell spent 72 days on remand following his arrest outside Melbourne Magistrates Court on September 2, on Thursday morning a judge decided to grant his bail after considering it overnight.

Justice James Elliott said the prosecution had failed to prove Sewell posed an unacceptable risk to the safety of the community, and there were compelling reasons to justify his release on bail.

He must abide by several conditions, including he not speak to any of his alleged co-accused or attend Melbourne CBD.

Sewell was expected to walk free from court after signing documentation to secure his release on a $20,000 surety his fiancee will put forward.

It came after Magistrate Donna Bakos refused Sewell bail in September. She found Sewell risked endangering the safety of the community if he were to be released.

The leader of white nationalist group National Socialist Network’s raised his right hand to photographers and showed a note to media as he was taken into the court on Wednesday.

On Thursday he wore the NSN logo on his sleeve, and again looked at media holding up a white paper note.

Sewell’s supporters, including his fiancee, were in court as he learnt his freedom bid was successful.

He has been charged with dozens of offences related to the August 31 Camp Sovereignty attack, including violent disorder, affray, discharging a missile and assault by kicking.

Prosecutors claimed Sewell said “let’s get ’em” as he led a group of about 30 men towards the camp, at Kings Domain, which sits on a sacred site for Aboriginal and Torres Strait Islanders.

At least seven people were assaulted, one camp occupant was held down and kicked, another was struck with a pole, kicked and punched, prosecutor Erik Dober told the court on Wednesday.

He said one victim was allegedly thrown to the ground and kicked in the head, requiring seven staples to their head. Another was hit in the head with a flag pole.

Prosecutors opposed Sewell’s release, saying he endangered the safety of others as the leader of a group with “a history of hate crimes and acts of violence”.

Dober said Sewell’s serious role and “initiating force” in the camp attack could lead to him being jailed for almost the 10-year maximum.

Sewell’s barrister Dermot Dann KC argued it was unfair for Sewell to remain locked up when 14 co-accused had already been bailed.

He said the trial in the case might not begin for two years, and the maximum 10-year term for violent disorder was not “in the realm” of any sentence Sewell would be handed for his alleged role.

Dann said any risk Sewell posed to the community could be ameliorated by bail conditions, including stopping him from coming into Melbourne’s centre and not contacting co-accused.

Sewell’s fiancee Rebecca Konstantinou has put forward a $20,000 surety to secure his release on bail, which she said was funded from her own savings and from “family and friends”.

Elliott agreed with the defence’s submissions as he approved Sewell’s release on Thursday.

-AAP