‘Peace activist’ Danny Lim wins appeal over $500 fine for wearing Tony Abbott poster

SIGN wearing activist Danny Lim has won an appeal against a $500 fine for offensive behaviour in a landmark case he declared “a win for freedom of speech”.

Danny Lim with his lawyer Bryan Wrench at today's hearing at the Downing Centre.

SIGN wearing activist Danny Lim has won an appeal against a $500 fine for offensive behaviour in a landmark case he declared “a win for freedom of speech”.

The 73-year-old has been fighting an infringement notice he copped in August, 2015, for brandishing a “sandwich board” sign targeting then Prime Minister Tony Abbott.

The sign read: “Peace smile. People can change. Tony you can’t,” but the “a” in “can’t” was printed upside down to hint at the use of the profanity.

The self-described “social activist” launched an appeal in the District Court after he was convicted for offensive behaviour in a public place early last year.

Judge Andrew Scotting today overturned the ruling, saying Lim had demonstrated “a reasonable excuse for his actions”.

Danny Lim, pictured outside the Downing Centre, mounted a constitutional challenge over the Tony Abbott sign. Picture: Danny Aarons

He found the primary magistrate “had not stated a reason why a person would have been offended” and “wording alone” could not be constituted as offensive behaviour.

“While the conduct was inappropriate and in poor taste, I am not satisfied beyond reasonable doubt it was offensive,” he said.

“The front of the sandwich board was capable of being construed as being clever or light hearted (while) also capable of being read as the word ‘can’t’.

“The language used was clearly a play on words”.

Danny Lim, pictured with the sign and MP Malcolm Turnbull.

The appeal comes after hundreds of Mr Lim’s supporters rallied behind a crowd-funding campaign to pay off the $500 fine.

But Mr Lim refused to accept the donation, saying he was determined to fight the case in court.

Speaking from the Downing Centre Court today, Mr Lim said the verdict was “a win for freedom of speech”.

“The sign was never meant to be offensive — it was a pun and the politicians should have a laugh with us,” he said.

“That’s what Australia is all about — freedom of speech, sense of humour and the right to be yourself”.

Danny Lim and his dog Smarty crops up at protests, council meetings and busy intersections across Sydney.

In his ruling, Judge Scotting also rejected arguments from Crown prosecutors that the use of the word was “derogatory”.

He said “politicians and their views are often subject to criticism” and this was “an essential and accepted part of any democracy”.

“That criticism can often extend to personal denigration or perhaps even ridicule, but still maintain its essential character as political comment,” Judge Scotting said.

“There is no reason to conclude that the prime minister should be treated any differently to any other person who holds or seeks political office”.

CRANE FALLS INTO SYDNEY HARBOUR

Lawyer Bryan Wrench — who represented Mr Lim pro-bono — said the case was “more important now than ever”.

“It was a case about whether or not we can have a joke at ourselves and whether politicians are a protected species,” he said.

“It was humour not hurtful.

“Hopefully this will be the last time we see Danny in court”.