Charges against an Australian artist for his work of “political satire” that contained Nazi symbols along with the faces of politicians and billionaires, including Peter Dutton and Gina Rinehart, have sensationally been withdrawn.
Michael Agzarian says he is “relieved” prosecutors withdrew a charge of knowingly displaying by public act a Nazi symbol without excuse against him on Friday over an artwork he displayed in his shop window.
The artist told reporters outside the Downing Centre Local Court the artwork, displayed in the window of his Wagga Wagga shop, was “satire”.
The display contained the heads of politicians Clive Palmer, Peter Dutton, Michael McCormack and billionaire Gina Rinehart upon figures that represented different ranks of the German army complete with medals and insignia.
Mr Agzarian was last year charged over the display after Mr McCormack made a complaint to police, with the offence carrying a maximum penalty of 12 months imprisonment or an $11,000 fine.
The artist pleaded not guilty, maintaining the work was political satire, and the charge was withdrawn by the prosecution on Friday along with another unrelated charge of use offensive language in/near public place/school.
Mr Agzarian was flanked by a group of supporters as he left court, with one sporting a keffiyeh and a sign that said “Never give up” with a piece of paper that read “Free Gaza” clipped onto it.
The artist’s lawyer Nick Hanna called the case “really disturbing” while speaking to reporters.
“In Australia we have a very long standing tradition of political satire, and the idea that someone can be criminally charged and face prison for that is really disturbing,” Mr Hanna said outside the court.
“This is a really important moment for free speech.”
Mr Hanna said the uniforms in the artwork were in reference to the 1960s sitcom Hogan’s Heroes, and that many of the actors in the series were Jewish.
He added his client did not realise the symbols on the uniforms were Nazi symbols.
“The whole point of the artwork was to … draw comparisons to these politicians and Nazi ideology,” he said.
“Michael was dragged through this … prosecution for almost a year and never should have been charged in the first place.”
Lawyer claims cops knew the art was political satire
Mr Hanna later made an application to have the prosecution pay $12,715 in costs related to the case to his firm, arguing the proceedings were initiated without a reasonable cause because police knew the artwork was political satire from the start.
It was revealed during the costs application that a NSW senior sergeant solicitor from the police’s legal advice unit in April last year advised that none of the symbols in Mr Agzarian’s work were prohibited Nazi symbols under both state and commonwealth law, writing in an email that the artwork was “political satire”.
Mr Hanna only relied on the email to claim police knew before commencing proceedings that the art was political satire, with the court told police had sought a second opinion after the email and that it was conceded by Mr Hanna that the art did include Nazi symbols.
The prosecutor initially tried to claim professional legal privilege over the email as he was not aware it had been handed up to the Judge, but later accepted it was now on the public record.
Mr Hanna further argued the prosecution was “doomed to fail” as the symbols had artistic purpose, but his arguments were ultimately rejected by Judge Karen Stafford who said there was “an arguable question of law” about whether the Nazi symbols had been displayed for an artistic purpose.
“I still think now that if the matter was before me today there would be a good legal argument to be held as to whether it was artistic, whether it was done reasonably and in good faith for an artistic purpose. So even knowing what we know today, my view is that proceedings were initiated with a reasonable cause,” Judge Stafford said.
She also denied claims by Mr Hanna that the prosecution had carried out the proceedings in an improper manner, but she did find other exceptional circumstances that meant costs should be awarded to Mr Agzarian and his legal team.
“My view is in the unique circumstances of this case and the number of months between setting it down for hearing and withdrawing the charge is enough to satisfy me that there were exceptional circumstances … it is just and reasonable to award professional costs,” she said.
The prosecution has been ordered to pay the $12,715 to Mr Hanna’s firm.
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