Police have dropped their case against artist Michael Agzarian, who was charged with displaying Nazi symbols in a political satire poster. The Downing Centre local court awarded Agzarian more than $12,000 in costs after the prosecution was withdrawn.
Background of the Case
Agzarian, an artist from Wagga Wagga, had displayed a poster on his shopfront window ahead of the federal election. The poster featured local MP Michael McCormack, opposition leader Peter Dutton, and mining magnates Gina Rinehart and Clive Palmer dressed in World War II German army uniforms. The artwork was adapted from the US sitcom Hogan's Heroes.
McCormack, the Nationals MP for Riverina, complained to police after receiving community objections. Agzarian was charged with one count of displaying Nazi symbols by a public act without lawful excuse, a charge carrying a maximum penalty of 12 months imprisonment or an $11,000 fine.
Legal Advice Ignored
The court heard that police had received internal legal advice stating the images were not an offence. The advice noted: “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.”
Despite this, police proceeded with the charge and took seven months to withdraw it, even after a hearing date was set. Judge Karen Stafford criticized this delay during the cost application.
Defense and Reaction
Agzarian's lawyer, Nick Hanna, wrote to police in September requesting withdrawal, 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.” The request was rejected.
Outside court, Hanna stated: “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, so this is a really important win for free speech.”
Agzarian said the matter had taken a toll on him: “I’m an artist, and it was satire. The whole thing felt very authoritarian.”
McCormack's Response
McCormack questioned the laws, saying: “Police laid charges under the [2022] 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.”
In a separate incident, police seized similar posters from Dissent cafe in Canberra, but the cafe owner was not charged.
