THE Budgie Nine have been freed after a cautioning from a Malaysian magistrate. 

Details from the court remain scant however, it is being reported that the men are free to go.

Earlier one of the nine men detained for stripping down to speedos covered in the Malaysian flag, after Australian driver Daniel Ricciardo's Grand Prix win on Sunday, collapsed in the dock. 

The nine men were arrested on Sunday after footage of them drinking beer from their shoes - in their now famous speedos - went viral. 

Shortly afterwards they were detained without charge in police holding cells on the outskirts of Kuala Lumpur.

Under Malaysian law people accused of a crime can be imprisoned for up to four days before being charged. 

The group faced Sepang Magistrates Court this afternoon where their lawyer argued there was a double standard at play in that women are scantily clad at the Grand Prix event. 

The same solicitor also reportedly told the court the group are all part-time lifesavers and stripping down into budgie smugglers is just second nature for them, 

However events took a more sinister turn when one of the accused, 28 year-old Thomas Whitworth collapsed in the dock, bringing down hi co-accused as they were handcuffed together, Airlie Welsh from Channel Nine reports.

He was propped up by his friends and was seen to be sipping water; it's understood he fainted. 

The moment followed on from the somewhat bemusing scene of all nine pairs of offending budgie smugglers being laid out by a Malaysian official wearing gloves. 

One of the member of the Budgie Nine was a staffer for Defence Industry Minister Christopher Pyne - Jack Walker, the 26 year-old son of an Australian diplomat John Walker. 

As the group walked into Sepang Magistrates Court, this afternoon, John Walker told The Australian conditions inside the holding cells where the group has been incarcerated were "awful."

"We are hopeful of bringing them home today," Mr Walker said. 

He said the group were coping: ""As well as can be expected"

"The lawyers are well prepared, the consulate are well prepared."

The ABC has named the others as 29-year-old Branden Stobbs, 25-year-old Edward Leaney, 27-year-old Nicolas Kelly, 28-year-old Thomas Laslett, 27-year-old James Paver, 29-year-old Timonthy Yates and 25-year-old Adam Pasfield.

In the lead up to today's verdict the case gained high profile attention with Malaysia's New Strait Times describing the act as an unforgivable obscenity and urging for a harsh penalty.

"Although tourists pay their way, nothing in the commercial transaction suggests that the visitors may ignore local normative values and behave in offensive ways, as the Australian men here for the F1 race in Sepang recently did," the Times stated yesterday in an editorial which was headlined Deport and ban the Aussies. 

"They had stripped down to their briefs in public and the briefs depicted the Jalur Gemilang. Assuming that they lack good manners, and reflecting badly on their own country, these men are mocking Malaysian sensitivities, discrediting the high regard placed on the Jalur Gemilang as the symbol of the country's sovereignty."

"Malaysians should not feel apologetic for the actions taken against the men, even if it could negatively impact the country's tourism industry.

"If opening our doors means being insulted, then they can stay away; their corrupting influence is definitely not welcomed."

The paper's editorial followed a call from Ricciardo - the man whose victory the Australians were celebrating - saying they were merely in the moment. 

"Obviously I'm aware of it, but at the time I wasn't. There was a big sea of people below the podium," he told the Huffington Post from Japan, where he is preparing for his next F1 race.

"At the time they thought it was a bit of harmless fun, and were enjoying the celebrations. It was a while since I won [a race] and they were excited. They didn't realise the effect it would have on the locals."

"It's a shame but they were in the moment."

Meanwhile Foreign Minister Julie Bishop said the men's behaviour was inexcusable. 

Tom Penningtongetty

"I don't know if it can be seen as a lapse of judgment, it was clearly premeditated, wearing the budgie smugglers they bought in Australia," she told Today Show host Karl Stefanovic.

"The Australian government can provide consular support, but of course as I constantly remind people, we can't bail you out if you get into trouble with the laws of another country, we can't interfere in the legal proceedings of another country any more than another country could interfere in our legal proceedings.

"There's no excuse in saying this is just Aussie behaviour, this is just a prank that would be seen as a minor matter in Australia: you have to respect the laws of the country you are visiting."



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