A goat named Gary, accused of eating flowers in central Sydney, has had his day in court and beaten the rap.
Jim Dezarnaul was issued with a $440 fine on 22nd August last year after police caught his goat, Gary, chomping on flowers outside Sydney's Museum of Contemporary Art (MOCA).
But the case was dismissed in Sydney's Downing Centre Local Court on Wednesday.
Magistrate Carolyn Barkell said the accused goat had been eating the flowers when police arrived.
"I accept that Gary did eat garden plants," she said.
However, she said there was no evidence Mr Dezarnaul brought Gary to MOCA with the intention of vandalising vegetation.
"He may have preferred to have an ice cream," she said.
Lawyer for Gary, Paul McGirr, told the court that police had issued the wrong infringement notice, because it related to a person and not a goat.
He also said it couldn't be proved that Mr Dezarnaul put Gary up to the act.
"We can't guess what Gary might have been whispered in his goat ear," he said.
Mr Dezarnaul, a comedian also known as Jimbo Bazoobi, tours Australia with Gary.
He told reporters he bought his sidekick for a case of beer last year in Gingin, WA.
The magistrate dismissed Mr Bazoobi's application for the Crown to pay his legal costs but cancelled his fine.
Gary, who was met by a throng of reporters outside court, was not required to give evidence and made no comment.
Presumably Gary won't be invited to Canberra's Floriade this year.
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