FED: Chaser team dodges charges over APEC stunt =2

AAP General News (Australia)
04-28-2008
FED: Chaser team dodges charges over APEC stunt =2

Mr Cowdery said the team had carefully planned the stunt the previous day and had always
intended to stop before the restricted zone.

"The evidence establishes that the Chaser's plan, in what was considered the unlikely
event that they were allowed to pass through any gates, was to stop short of the restricted
area and to get Licciardello out of the vehicle," he said.

Instead, police had waved the convoy through, giving tacit approval for entry.

"Police permission, in fact, constitutes special justification for entry," Mr Cowdery said.

"Accordingly, there is no reasonable prospect of conviction and for that reason the
prosecutions should not proceed."

Mr Cowdery said the team believed they would not gain access to the lockdown zone and,
when they did, that it was with the permission of police.

Prosecutors could not prove beyond reasonable doubt that this was not the case, he said.

In addition, 10 of the accused were following directions from Morrow, therefore giving
them a legitimate work-related purpose for being in the area.

A magistrate was unlikely to convict Morrow, because he had made an honest error and
was of otherwise good character, Mr Cowdery said.

The charges against Morrow, Licciardello, Nathan Earl, Giles Hardie, Lauren Howard,
Geoffrey Lye, Alexander Morrow, Benson Simpson, Esteban Alegria, Mark Kordi and Rodrigo
Pena will be formally withdrawn tomorrow in Sydney's Downing Centre Local Court.

The stunt was voted Best Television Moment at the MTV Australia awards last night.

AAP ajc/wjf/jl/cdh

KEYWORD: CHASER LEAD 2 SYDNEY

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