Aussie TV star Alicia Gardiner almost broke down in tears after a court indicated it would release bodycam footage of her conduct at a pro-Palestine rally which turned ugly inside the Victorian parliament.
Gardiner, who starred in Offspring, had earlier won a key court battle after the prosecution withdrew an assault charge relating to an alleged 'nipple cripple' that had been hanging over the actor's head.
No reason was given for prosecutors abruptly withdrawing the charge and instead, Gardiner was fined $500 and avoided a conviction after she pleaded guilty to failing to leave after a direction to do so.
The 50-year-old mother-of-two was part of a group pro-Palestinian protesters in the upper public gallery of the Victorian Parliament on May 7, 2024.
Gardiner refused to leave when instructed and her offence was captured on body worn camera, the Melbourne Magistrates' Court heard on Wednesday.
The footage depicted Gardiner in a blue knitted jumper, wearing a surgical mask over her mouth and nose, while protective services officers frog-marched her and a dozen or so protesters out of the gallery just after 1pm.
Then-Treasurer Tim Pallas had to halt a speech as the protesters chanted 'shame on you' and 'free, free Palestine' while security officers pushed, shoved and dragged the agitators out of the gallery, down the staircase and out on to the front steps of parliament.
Parliament was suspended and politicians were forced to evacuate as the upper house gallery protest got out of hand.
Alicia Gardiner, 50, leaves Melbourne Magistrates; Court after the prosecution withdrew an assault charge last night
Gardiner speaks with officers outside Victoria's Parliament House in bodycam video released by the court
Gardiner appeared on the Prime show Deadloch
Gardiner, who appeared in Wolf Creek, Kath & Kim and the Prime crime comedy series Deadloch, had faced a more serious allegation she assaulted a parliamentary staffer during the chaotic protest.
The complainant previously gave evidence a woman in a blue knitted jumper 'charged' at her twice when she blocked her from entering a door into the legislative chamber.
She told the court the second charge knocked her off balance 'quite a bit'.
'Then I felt a really sharp stabbing pain,' the complainant told the hearing while under cross-examination.
'For a split second, I thought I had been stabbed. I thought it was a knife. Then I felt a twist on my left breast. It was like a squeeze, and a real hold on, and then a twist.'
A photo of her bruised and grazed breast was tendered to court.
Lawyer Angeline Centrone, for Gardiner, said the breast touching was 'not deliberate' but occurred when her client put her hands up amid a 'crush' as the protesters were being shoved out of parliament.
'We don't dispute that collisions may have occurred,' Ms Centrone said. 'It's unintentional.'
Gardiner is ordered to leave the public gallery
Gardiner almost broke down in tears after a court indicated it would release body worn camera footage of her conduct at a pro-Palestine rally
The complainant also denied that Gardiner deliberately charged at her because the protesting actor was 'being pushed around like a ball in a pinball machine'.
'Her body language gave me the impression she was coming at me – that it was her choice to try and move me,' the complainant said.
'My view is she broke the girl code and twisted my breast, you don't do that,' she said.
Gardiner's joy at avoiding the more serious allegation was short-lived after Magistrate Malcolm Thomas indicated he would consider releasing body worn camera footage to the media.
Gardiner, who appeared at court in person wearing a floral dress, looked despondent and on the verge of tears, when Magistrate Thomas said he wanted to release the footage. 'There's been a plea in relation to your client remaining in the premises which the footage shows,' Magistrate Thomas said.
Gardiner kept a face mask on while inside parliament house
Gardiner played Cath York (above) in Deadloch
'And it shows how she's conducted herself in that time.'
Ms Centrone fought the release of footage, telling the court her high-profile client's career will suffer.
'The life of an actor has been described to me as quite lean at times,' Ms Centrone said before calling out previous media coverage of the assault allegation including a headline which referred to the incident as an alleged 'nipple cripple'.
'My client has suffered enough... it's unfair and [she has] suffered more than most would.'
The prosecution said the footage should be released.
'To the extent it shows Ms Gardiner acting inappropriately in the court place, well that's part of the series of events that occurred on that day and part of what the Crown rely on for the failing to move on charge,' the prosecutor submitted.
'If the media aren't reporting on that footage in a way that is appropriate that becomes a matter between Ms Gardiner and those news outlets. We would say it should be released.'
Magistrate Thomas took a short break to consider the media application.
Gardiner exits the public gallery
The court heard Gardiner is 'currently relying of her savings'
However, when the court returned, Ms Centrone came armed with new argument against release of the footage.
Ms Centrone told the court Gardiner has 'expressed concern in regards to the other persons in the footage'.
'She has concerns for their employment... these people aren't in the public as such,' Ms Centrone told the court.
Magistrate Thomas ultimately decided it was 'appropriate' to release the footage after he determined the possible identification of other people depicted does not 'outweigh the public interest'.
'The body worn camera footage is highly relevant to a fair and accurate reporting of the matter to which Ms Gardiner has pleaded guilty,' he said.
The court heard Gardiner, most famous for her eight-year stint playing nurse Kim Akerholt on Offspring, is not working and 'currently relying on her savings'.
Ms Centrone also submitted references on behalf of her client which described the Offspring actor as having 'great integrity'.
Ms Centrone said Gardiner, who was supported in court by family and friends, had 'always disputed the allegation of assault' and is of 'very good character'.
Gardiner is also a prominent theatre and musical performer who was part of the original cast of the Australian stage production of Mamma Mia!.
The actor also returned for the musical's 2017/18 national tour.