Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[Lexii-]

First of all, because I'm full of myself, I'd just like to say to everyone that I was right all along

"Charges against the ABC's Chaser team arising from a TV stunt at last year's APEC Summit have been dropped by the Department of Public Prosecutions.

Giles Hardie, a video producer who was an "extra" during the stunt, in which a fake motorcade was waved through two security checkpoints, said he was relieved at the news.

Mr Hardie, one of the extras running alongside the Chaser limousine that breached APEC security, was charged with entering an exclusion zone under laws enacted specifically for the summit in Sydney.

Ten men, including two of the show's stars - Julian Morrow and Chas Liciardello - and one woman were charged.

"I think relief is a word that springs to mind,'' Mr Hardie said.

NSW Director of Public Prosecutions Nicholas Cowdery said in a statement that the Chaser team had carried out an examination of the area on September 5, when police procedures had differed from September 6, when the stunt occurred.

"The offence is one of strict liability. Consequently, the defence of honest and reasonable mistake of fact is available to the accused,'' Mr Cowdery said.

"Put another way, it is a defence to establish, or to raise a reasonable doubt that there existed, an honest and reasonable but mistaken belief in a set of facts which, if they had existed, would have rendered the conduct innocent.

"In the cases of all 11 accused I am satisfied that on the evidence presently available the prosecution would not be able to negate, beyond reasonable doubt, the existence of an honest and reasonable (but ultimately mistaken) belief that they would not enter or be taken into the restricted area.''

The matters are listed for mention in the Local Court tomorrow, when the charges will be formally withdrawn."

http://www.smh.com.au/news/tv--radio/chasers-apec-stunt-charges-dropped/2008/04/28/1209234710155.html

[Fashion Zombies!]

Hopefully now people will stop bitching about the DVD release.

[ZoZo]

I just posted this news to the other thread - we must've hit the button at the same time...

Kim Dalton:
"What was undeniably the greatest moment in political satire last year, which the ABC has always been very proud of, has been found to be just that - great political satire."

[Lexii-]

Hopefully now people will stop bitching about the DVD release.

Oh, I'd forgotten about that, yay

Kim Dalton:
"What was undeniably the greatest moment in political satire last year, which the ABC has always been very proud of, has been found to be just that - great political satire."

Wow, well said.

[whophd]

Holy crap, what a legal rigmarole.  Who's studying law here?  My interpretation goes like this:

- They tried to get in
- Therefore they would commit an offence
- However they thought, correctly, that they would fail
- And the guards, incorrectly, did not let their stunt fail
- Therefore it's the guards' fault?!?

Boy.  I'm not complaining about the result.  But don't you think, the law is weird?

CK.

[Lexii-]

Yup, the law is screwed
The government was just that embarassed that they got through so easily that they had to try and charge them with something and then they basically just figured out that they did nothing wrong, they were waved through.

What a ridiculously long sentence.

[Majorie]

Kim Dalton:
"What was undeniably the greatest moment in political satire last year, which the ABC has always been very proud of, has been found to be just that - great political satire."

I don't think it was a great moment of political satire. What kind of satirical point were they making? It was just a funny prank

[emmachiz]

Oh my gosh! DVD!!!!

YAY!

I'm kidding... I'm kidding...

Well, I'm glad it's done with. I was getting really annoyed with people who spoke about it and new nothing.

Like those who say "But they didn't harm anyone..."

Ah... Relief indeed.

[Majorie]

Well, I'm glad it's done with. I was getting really annoyed with people who spoke about it and new nothing.

yeah people who now nothing are really annoying

[~Julie~]

Fantastic!!  Though, was kinda looking forward to a trial, just for the absurdity of it all ala Oz magazine trial... 

Still, they saved some money on the wigs.  I was working at the ABC recently and saw a very confident young man, probably a junior barrister, striding purposefully across the foyer with a Chaser APEC folder thrust under his arm... He looked bemused 

[~Julie~]

Interview (audio only) with Chas: http://livenews.com.au/Articles/2008/04/28/APEC_stunt_charges_dropped_against_Chaser_team

[casey phoenix]

I'll jump at the question on who is studying law.
I am.

I have said all along that the case was very weak.  Regardless of the reasons offered by the prosecution, the Act detailed that you could enter a restricted area if given approval by the appropriate person... see below for the legislation that shows they had approval.

Julian specifically asks on a number of occasions if he is required to stop and is told he can keep going (by a copper)... even that the 'road is his'.

To those that are interested;
http://www.austlii.edu.au/au/legis/nsw/repealed_act/ampa2007252/

In particular s 19(1) is the section I imagine they were charged with, and s 37(2)(b) which details that a police officer can provide permission.  s 38 details that the onus of proof of special justification lies with the defendant.... the video aired during the Chaser is enough for that in my opinion.

[Majorie]

Is anyone just a little dissappointed?

[Lexii-]

That they weren't convicted?
Not really. It would have been stupid if they were.

[Fashion Zombies!]

Is anyone just a little dissappointed?

*raises hand*