THE Australians dubbed the “Budgie Nine” have been set free by a Malaysian court over their “moment of folly” at the Formula 1 Grand Prix in Malaysia.

The racing fans stripped down to tight-fitting swim briefs — known in Australia as “budgie smugglers” — emblazoned with the Malaysian national flag and quaffed beer from their shoes to mark Australian Daniel Ricciardo’s race win on Sunday.

They were arrested for “intentional insult with intent to provoke a breach of the peace” and public indecency at the event in Sepang, on the outskirts of Kuala Lumpur.

But after four nights in custody at a nearby police station they were today discharged and cautioned by Sepang Magistrates Court. The nine Aussies are now free to leave the country with their records intact. They were not deported and will now fly home at their own pace.

Judge Harith Sham said regardless of their intention the men had disrespected Malaysia by unveiling the country’s national flag on their swimwear. He said he hoped their arrest and detention would remind them and others about respecting the culture and customs of Malaysia.

Immediately after being freed the nine men left the Sepang court in waiting cars.

Earlier on Thursday, the men were taken from the cells up into the court handcuffed to each other in pairs and ordered to stand. They all pleaded guilty to public nuisance as nine pairs of offending swimming briefs were brought into court as evidence.

Thomas Whitworth, one of the ‘Budgie Nine’, read out a letter of apology saying it was a “moment of folly” before he collapsed in court.

He was helped by another one of the ‘Budgie Nine’ and allowed to sit, while the men’s handcuffs were taken off.

After Whitworth’s collapse, the group’s counsel Shafee Abdullah said the men had spent four nights in a “not very friendly lockup” and that they may have been dehydrated after requesting bottled water they did not receive.

“I think they would have learned their lesson more than enough,” he said.

He said the majority of the men, mostly Sydney University graduates, volunteered as life savers.

“Stripping down or dressing down to swimming trunks comes almost second nature to them without even batting an eyelid,” he said.

Mr Abdullah said the men had given him “strict instructions” to offer an apology to the public within a day of their arrest.

“My clients offered without reservations to apologise to the country, the people for this folly,” he said.

Among the group of nine men was a staffer of Australian Defence Industry Minister Christopher Pyne, Jack Walker. His father John Walker today addressed media outside the court.

“We are just relieved the boys are going home,” Mr Walker said.

“They’re good boys.

“We understand they (were) charged for public nuisance (but) the judge has the discretion to discharge them and that’s what he did.”

The men could have spent up to two years in jail. They intended to return to Australia as soon as possible, according to reports.

Sepang assistant police commissioner Abdul Aziz Ali previously said he saw no problem with charges being laid — adding the group had bought the budgie smugglers in Australia to the race on Sunday with the clear intention of pulling the stunt.

When they were arrested on Sunday afternoon police alleged they were intoxicated and had revealed the swimsuits in a state of “happiness” following Ricciardo’s win.

Ricciardo said he was unaware of the group’s arrest until well after the fact and called on authorities to send them home.

Photos of the men flaunting the country’s national colours went viral in Malaysia following the race, provoking angry comments from the government controlled newspaper and some social media users who accused them of insulting the country.

Displays of public indecency are not tolerated by authorities in Muslim-majority Malaysia, with foreign offenders typically slapped with a fine before being deported.

Australian Foreign Minister Julie Bishop said the men were being offered consular support but warned there were limits to what Canberra could do.

“They are facing certain charges and what might be seen as a foolish prank or Aussie blokey behaviour in Australia can be seen very differently in another country,” she told Channel Nine.

“You have to respect the laws of the country you are visiting.”

In June last year, four tourists, including a British woman, were arrested after images of them undressing at the top of Mount Kinabalu on the island of Borneo went viral.

They were sentenced to three days in jail, fined 5000 Malaysian ringgit ($A1580) and deported.

— With wires

More to come.

megan.palin@news.com.au