Police have dropped their case against an artist who depicted prominent Australians in military uniforms adorned with Nazi symbols, despite internal legal advice that the images constituted political satire. The case against Michael Agzarian was withdrawn in Downing Centre local court on Friday, nearly a year after he was charged with one count of displaying Nazi symbols by a public act without lawful excuse.
Background of the Case
Agzarian had displayed a poster on his shopfront window in Wagga Wagga ahead of last year's federal election. The poster featured his local MP, Michael McCormack, opposition leader Peter Dutton, and mining magnates Gina Rinehart and Clive Palmer in World War II German army uniforms. The artwork was adapted from an image from the US sitcom Hogan's Heroes, the court heard. McCormack, the Nationals MP for Riverina, made the complaint to police about the image, stating he acted after several others in the community had also complained.
Legal Advice and Court Proceedings
Judge Karen Stafford, who oversaw a cost application and awarded Agzarian more than $12,000 in costs, outlined the legal advice given to police by their internal legal counsel. The advice stated: 'The crimes act does not define what a Nazi symbol is unlike the criminal code. But in our view none of the imagery would come within either the NSW or commonwealth legislation to be considered an offence. It is political satire.' Stafford found the charges were laid with reasonable cause but criticised police for taking seven months to withdraw the charge, even after a hearing date was set. The charge carries a maximum penalty of 12 months in prison or an $11,000 fine.
Response from Artist and MP
Agzarian's lawyer, Nick Hanna, wrote to police in September requesting withdrawal of the charges, arguing it was 'inevitable that the prosecution will fail to establish that our client knew that the symbols that he was displaying were Nazi symbols.' However, that request was rejected. Hanna said outside court: 'Michael was dragged through this ruling prosecution for almost a year when he never should have been charged in the first place. In Australia, we have a very longstanding tradition of political satire, and the idea that someone can be criminally charged and face imprisonment for that is really disturbing, and so this is a really important win for free speech.' McCormack questioned the laws, stating: 'Police laid charges under the legislation in state law and quite frankly if it means people are allowed to do this to politicians then why even have the laws. I’m all for free speech … but free speech comes with responsibility. He dressed us up as Nazis, it wasn’t Hogan’s Heroes.' Agzarian said the matter had taken a toll on him: 'I’m an artist, and it was satire … The whole thing felt very authoritarian.'
Related Incidents
In February, police seized similar posters from Dissent cafe in Canberra. The artwork, by protest artist group Grow Up Art, depicted various world leaders including Israeli Prime Minister Benjamin Netanyahu, Russian President Vladimir Putin, and US President Donald Trump in Nazi uniforms. The cafe owner was not charged.
