A man’s racist rant while mimicking the actions of the gunmen behind the deadly Bondi terror attack can be put down to drunken stupidity, his lawyer says.

Zayne Jason William McMillan, 22, was seen posing and moving his hands as though he was holding a long-barrelled firearm while on a footbridge at Bondi Beach on January 31.

Two gunmen stood on the same bridge two months earlier and opened fire on a crowd celebrating Hanukkah, leaving 15 people dead and dozens injured in Australia’s deadliest antisemitic attack.

While he was imitating their actions, court documents reveal McMillan shouted “f*** the Jews” before intimidating a man walking with his young daughters. The girls burst into tears.

McMillan on Tuesday said he accepted he had been acting stupidly and wanted to apologise for his behaviour.

He is due to be sentenced in April after pleading guilty to three counts of offensive behaviour in a public place and two counts of intimidation over an hour-long drunken tirade.

McMillan has shown remorse and should be released from custody to address his alcohol and drug issues before then, his lawyer Glen Cremer argued before Waverley Local Court.

He accepted the agreed facts of the case were “fairly extreme” and clearly offensive, insensitive and immature but said there was a possibility his client might not be jailed.

The Koori man had been drunk and influenced by others at Bondi when he embarked on the spontaneous offending, Cremer said.

“It’s not planned antisemitic … terror activity,” he told the court.

“It’s drunken stupidity.”

But the police prosecutor contended a jail term was inevitable, given McMillan’s criminal history and the “pretty horrendous” facts before the court.

McMillan had been on parole for multiple domestic violence offences when he mimed holding the gun and made racist remarks, he noted.

The magistrate agreed that a term of imprisonment appeared likely and declined to hear the bail application.

McMillan will deliver an apology to the community when he is sentenced next month, the court was told.

After shouting the antisemitic remarks from the pedestrian bridge, the facts state McMillan made eye contact with a passer-by who was walking with his young children.

The 22-year-old swore and suggested he would attack the man in a rant that left the terrified children in tears.

Minutes later, he biked up behind a Jewish man wearing religious headwear and his young son who were walking to a synagogue in Bondi and continued his antisemitic rant.

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