Brisbane artist Lister guilty on graffiti charge

IN COURT on a wilful damage charge, world-renowned Brisbane street artist Anthony Lister drew a sketch of the judge, who wasn’t sure what to think when a part of his anatomy seemed to be highlighted.

Brisbane Magistrates Court Anthony Lister at court on Graffiti Charges Photographer Philip Norrish NO BY LINE

WORLD-renowned Brisbane street artist Anthony Lister has been found guilty of a wilful damage graffiti charge over his paintings on four sites around Brisbane.

Magistrate Barry Cosgrove said he would not record a conviction but would order him to pay $440 restitution to Brisbane City Council.

He will also be required to perform five hours of community service with Council’s Graffiti Removal Service within a year.

Lister, 36, had pleaded not guilty to one Brisbane City Council charge of wilful damage by graffiti, over his paintings at five sites around Brisbane between 2009 and 2014.

He admitted painting two Fortitude Valley walls, a Paddington skate board park wall, a city fire hose box and steel garage door in Elizabeth St, Brisbane city.

Magistrate Cosgrove said Lister had a defence in relation to his belief that he had permission to paint a wall in Ranwell St, Fortitude Valley, in 2010, and he did not find against him over that installation.

Lister told Brisbane Magistrates Court the street art for which he was charged were “blessings’’ and “a gift of my creativity’’ to Brisbane, where he was born.

Anthony Lister art on skate park wall, Caxton St, Paddington, for which he was found guilty of wilful damage

Outside court he added: “There is something wrong with the law if what I do is deemed graffiti and I’m guilty of damaging something I intended to make beautiful.

“It could have been a lot worse. There are people my own age who do similar jobs as myself ...that are in jail for seven years.

“I got off relatively lucky. But it’s sad day for the freedom of visual expression and creativity in Brisbane.”

After his sentence Lister gave Magistrate Cosgrove a signed sketch he had done of him during the hearing.

Mr Cosgrove quipped that he did not know if he was impressed, as it showed he had bigger jowels than he thought he had.

Lister’s lawyer Stewart Levitt said he had been acquitted on the main part of the charge and the magistrate said he appreciated the fine work Lister had done and his great contribution to the city.

“It’s regrettable that he felt bound by the law to still find somebody had breached the law notwithstanding they’d made a great contribution to the art of the city,” Mr Levitt said.

Lister said his intention had been to enhance and beautify the locations and not damage them and he believed he had consent at two sites and was painting over bad graffiti tags at others.

Prosecutor David Gore earlier told Brisbane Magistrates Court wilful damage could include improvements to property, if there was no consent, and Lister’s paintings were not authorised.

But he argued none of the places painted by Lister had been increased in value or improved.

“They have been damaged,” Mr Gore said.

Street art by Anthony Lister on a fire hose box in Quay St, Brisbane, for which he was charged with wilful damage.

Lister’s lawyer Stewart Levitt today argued it could not be proven that Lister had foresight of any damage being caused when he made the street paintings.

Mr Levitt tendered a photo taken this morning showing graffiti tags and a mural on a Fortitude Valley wall previously painted by Lister and for which he was charged.

“Tagging has returned to that wall and Council has apparently taken it upon itself to tolerate a very large Bollywood-style mural,” Mr Levitt said.

Lister said he took three days to paint his mural in 2010, with the approval of the owner of the vacant block it faced, after then councillor Hinchliffe introduced him.

But the court heard Lister did not have permission of the adjoining building owner and the council painted over it within 24 hours.

Mr Levitt said Lister preciously had been commissioned to paint Council and Main Roads traffic signal boxes and a skate park installation and a large mural at Brisbane’s Powerhouse.

Anthony Lister artwork on a steel garage door, Elizabeth St, Brisbane, which was found to be wilful damage.

Former Brisbane deputy mayor David Hinchliffe yesterday said Brisbane would be a laughing stock if Lister was found guilty of a wilful damage graffiti charge.

Mr Hinchliffe, who yesterday gave evidence in support of Lister, told the magistrate Lister should be celebrated as an internationally-acclaimed Brisbane artist.

“In terms of street art he is up there with Banksy,’’ he said, referring to the world’s most famous street artist.

The day after Lister was arrested and spent a night in the watch-house in 2014, he was filmed by CNN showing off his favourite parts of Brisbane, the court heard.

Lister’s work is permanently exhibited in Australia’s National Gallery, it has featured in Vogue magazine and he has exhibited and been commissioned for artworks around the world.

An art valuer’s report to the court said last year Lister reached an Australian auction house record by selling a 180 by 180 centimetre canvas work for $21,454.

In 2014 he was paid about $20,000 for artwork for Westfield Carindale, Lister told the court.

“We should be celebrating the fact Brisbane has produced such an internationally-acclaimed artist,’’ Mr Hinchliffe, who as a councillor got Lister to paint street signal boxes, told the court.

“As far as artists and the art world is concerned, Anthony is Australia’s Banksy and if we charge him and find him guilty, Brisbane will look like a laughing stock,’’ he said outside court.

Lister said over three days in 2010 he painted a wall facing a derelict block in Ranwell St, Fortitude Valley, with the permission of the empty block owner.

Anthony Lister’s art, added to an approved installation on a wall in McLachlan St, Fortitude Valley. He was found guilty of wilful damage

Lister said in 2013 he painted over part of a McLachlan St, Fortitude Valley street art piece by another artist, commissioned by council, with the artist’s permission.

He painted a wall at a Caxton St, Paddington skate park in 2013, where years earlier the council had commissioned him to paint a cube installation.

Lister said seeing “scrappy tags’’ on an Elizabeth St garage was enough for him to decide to make a “beautification blessing’’ of street art.

Mr Levitt said there was no evidence his street art caused harm or devalued property and instead it would have enhanced values.

Lister will donate $4560 to the Council for promotion of street art, in accordance with Council policy.

Brisbane City Council”s Lifestyle Chairman, Cr Krista Adams said the Courts had today supported property owners’ rights to determine what happened to their own property.

“This is not a debate about the value of street art, this is a debate about whether it is acceptable to paint another person’s private property without their knowledge or permission,” Cr Adams said.

“Just as you would not expect to come home from holidays to find your house painted in a different colour by your neighbours, it is similarly not acceptable for people to paint murals on buildings without the owner’s permission.

“Graffiti, where permission has not been given, is vastly different to a commissioned artwork.”

Cr Adams said Brisbane City Council was a strong supporter of public art and for many years had a dedicated program to work with young street artists on commissioned murals across the city.