SYDNEY—Criminal charges have been dropped against ABC TV's Chaser comedy team over its breach of APEC security, after prosecutors found officers had effectively waved their fake motorcade through police checkpoints.
The Chaser's War On Everything team made international headlines when it drove a three-car convoy to within metres of the Sydney hotel housing US President George W Bush on September 6 last year.
Satirist Chas Licciardello, dressed as Osama bin Laden, then emerged from the fake Canadian motorcade.
The stunt left the NSW Police Force red-faced and led to charges against Licciardello, executive producer Julian Morrow, and nine other people associated with the program.
But NSW Director of Public Prosecutions Nicholas Cowdery QC today dropped all charges against the Chaser team, finding the security breach was defensible as a reasonable and honest mistake.
"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 and that, when they did enter it, it was with the permission of police...," he said in a statement.
Mr Cowdery said police had waved the motorcade through two checkpoints, and that: "Police permission in fact constitutes special justification for entry.
"Accordingly, there is no reasonable prospect of conviction and for that reason the prosecutions should not proceed."
ABC TV said the move confirmed what it had believed all along.
"What was undeniably the greatest moment in political satire last year ... has been found to be just that - great political satire," ABC TV director Kim Dalton said.
APEC investigating team commander Detective Superintendent Ken McKay today admitted police had "erred" in waving the convoy through checkpoints, but blamed the comedians for their "foolhardy and irresponsible behaviour".
Supt McKay said junior police were instructed to allow motorcades into the security zone, and officers on the day were merely following instructions.
"It's not embarrassing, there were certain instructions to our police ... they abided by those directives," Supt McKay told reporters.
"These people saw fit to dress their cars up and dress themselves up to look like a motorcade, and the police on this occasion erred.
"But we all make mistakes and no, we're not holding our young (police) responsible for their decision."
Supt McKay said there was sufficient evidence to lay charges on the day, and he would "do exactly the same tomorrow".
But the public backdown was a far cry from the anger expressed by police at the time, when Commissioner Andrew Scipione said the team had risked being shot at by security snipers.
Licciardello and Morrow today expressed relief that "justice hadn't been done", but were already formulating their next prank.
"We're thinking we might go out on the town with Nick D'Arcy (the swim star accused of assault). Nothing can go wrong there," Licciardello told AAP.
Morrow added: "I think it will be harder to hire a fake Popemobile than a fake motorcade, but we'll look into it (for World Youth Day in July)".
Both declined to claim today's decision as a victory for good humour or common sense, with Morrow dubbing it an "immense tribute to the power of the Canadian flag" and "not so much" to security in NSW.
Supt McKay called on the satirists to take public responsibility for their actions, and for the hefty taxpayer bill of taking the matter to court.
"I have to deal with World Youth Day after this and I'm sure ... our paths may cross again, and I look forward to it," he said.
The charges will be formally withdrawn tomorrow at Sydney's Downing Centre Local Court.
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