The South Australian Political Landscape

[Jimmy_041]

My understanding is his current position will be lost but his pension privileges will remain.

Also, don't ever play cards with the bloke. How's his completely expressionless face in almost every image or footage you've seen of him?

You'd think he would have numerous expressions from all the porn he watches (d)
One of South Australia's finest - the government must be really proud of putting him in cabinet

[Jimmy_041]

One good thing: Michael Abbott QC would be taking a good proportion of his $695,000 in taxpayer-funded salary since he was charged

[Booney]

My understanding is his current position will be lost but his pension privileges will remain.

Also, don't ever play cards with the bloke. How's his completely expressionless face in almost every image or footage you've seen of him?

You'd think he would have numerous expressions from all the porn he watches (d)
One of South Australia's finest - the government must be really proud of putting him in cabinet

They booted him, didn't they? He's been an independant since the charges were laid?

He's a nobody anyway, how he's still even sitting is beyond me. He says, does, contributes nothing and gets $153,000 p.a to do it. Disgrace.

[Booney]

Court is about to sit. Watching the Twitter feed of Sean Fewster ( What an interesting character he is )

[Dogwatcher]

Guilty and not guilty

[Dogwatcher]

Appeal immediately announced.
I wonder if the prosecutor will also appeal the NG verdict.

[Booney]

Guilty and Not Guilty.....DPP do not oppose waiting until sentencing arguments before handing down conviction.

[Booney]

Judge wants to hear sentencing submissions next week, counsel asks for 3 weeks to obtain reports.

[Jimmy_041]

Interesting one
I think he is basically saying he accidentally did it

[Booney]

Sean Fewster ✔ @SeanFewster
Normally, SA Police would now serve #Finnigan with notice of his registration as a sex offender. 1/2 @theTiser

[Booney]

Sean Fewster ✔ @SeanFewster
I understand that can't happen today because of the deferral of the question of a conviction for #Finnigan. 2/2 @theTiser

[Jimmy_041]

Judge wants to make public the search terms
They would be critical to the Not Guilty verdict. DPP opposing (no doubt why)

Abbott QC comes through for the Labor Party again

[Booney]

Sean Fewster ✔ @SeanFewster
BREAKING: State MP Bernard #Finnigan found NOT GUILTY of attempting to access online child porn. @theTiser


12m
Sean Fewster ✔ @SeanFewster
BREAKING: State MP Bernard #Finnigan found GUILTY of accessing online child porn. @theTiser #saparli

[Dogwatcher]

I'm assuming, by accident, he means he was searching something else and the algorithms of Google auto corrected to the topics in question.

[Jimmy_041]

I'm assuming, by accident, he means he was searching something else and the algorithms of Google auto corrected to the topics in question.

That was the defence argument

[Jimmy_041]

Judge wants to make public the search terms
They would be critical to the Not Guilty verdict. DPP opposing (no doubt why)

Abbott QC comes through for the Labor Party again

Sean Fewster ✔ @SeanFewster
DPP, #Finnigan's counsel wants suppressions to remain; DPP fears others will use the search terms to access child porn. @theTiser

[Jimmy_041]

Attorney General John Rau says a finding of guilt on Finnigan makes the matter first order of businesses for Legislative Council on Tuesday.

Interesting...... What happens if he is found guilty but no conviction recorded?
I cant find the legislation regarding this

[Booney]

Qualifications and Disqualifications

Constitutional provisions
A person is incapable of being chosen or of sitting as a Member of the House of Representatives if the person:

is a subject or citizen of a foreign power or is under an acknowledgment of allegiance, obedience or adherence to a foreign power;
is attainted (convicted) of treason;
has been convicted and is under sentence or subject to be sentenced for an offence punishable by imprisonment for one year or longer under a State or Commonwealth law;
is an undischarged bankrupt or insolvent;
holds any office of profit under the Crown or any pension payable during the pleasure of the Crown out of any Commonwealth revenues (but this does not apply to:
Commonwealth Ministers
State Ministers
officers or members of the Queen’s Armed Forces in receipt of pay, half-pay or pension
officers or members of the Armed Forces of the Commonwealth in receipt of pay but whose services are not wholly employed by the Commonwealth); or
has any direct or indirect pecuniary interest in any agreement with the Commonwealth Public Service in any way other than as a member in common with other members of an incorporated company consisting of more than 25 persons.9
(Office holders of the Parliament, such as the Speaker and President, do not hold offices under the Crown.)

A Member of the House of Representatives also becomes disqualified if he or she:

takes the benefit, whether by assignment, composition, or otherwise, of any law relating to bankrupt or insolvent debtors; or
directly or indirectly takes or agrees to take any fee or honorarium for services rendered to the Commonwealth, or for services rendered in the Parliament to any person or State.10
A Member of either the House of Representatives or the Senate is incapable of being chosen or of sitting as a Member of the other House.11 Thus, a Member of either House must resign if he or she wishes to stand as a candidate for election to the other Hous

http://www.aph.gov.au/About_Parliament/ ... e/chapter5

[Booney]

FORMER Labor Upper House leader Bernie Finnigan faces expulsion from State Parliament by a majority vote, following a finding of guilt in his long-running child pornography case.

Attorney-General John Rau held a press conference less than an hour after the judgment being handed down, calling on Finnigan to resign and foreshadowing a vote next week to sack him.

“The finding of guilt, by the court, I think in the minds of most South Australians would say (that) this is something that they regard as a serious matter and they would expect that Mr Finnigan would not continue to serve in the Legislative Council as a result of that finding,” he said.

“Exactly how the matter unfolds from here will ultimately be decided by the Legislative Council.

“I expect that when they convene next Tuesday, one of the matters that they will be dealing with very urgently will be consideration of the effect of this judgement.”

Mr Rau was commenting after the District Court today handed down its verdicts on two counts involving child pornography against Finnigan.


Judge Steven Millsteed found the Upper House MP guilty of one count of accessing child pornography while clearing him of a second charge of attempting to access child pornography.

Judge Millsteed said he was satisfied, beyond reasonable doubt, that Finnigan had accessed websites depicting child exploitation material using his home computers.

In a ruling that will define future cases, Judge Millsteed said prosecutors did not have to prove an offender viewed any images, only that the images had been accessed.

The proof in the case of Finnigan, he said, came from expert analysis and reconstruction of the MP’s computer cache and internet use records.

Judge Millsteed found Finnigan not guilty of a second charge, that of attempting to obtain access to child pornography.

He said the search terms allegedly used by Finnigan were too broad to prove, beyond reasonable doubt, an internet search to access such material.

Judge Millsteed said the terms — which are suppressed and cannot be published — could have returned a “diverse” range of websites not necessarily directed toward child pornography.

Finnigan now faces a maximum five-year jail term.


Independent MLC Bernard Finnigan leaves the District Court with his solicitor, Nicholas Iles (right). Picture: Roger Wyman
His lawyers immediately sought to delay the recording of a conviction against their client, which would him make ineligible of remaining in Parliament and end his $150,000 annual salary.

They successfully stalled an argument about the conviction until Finnigan faces sentencing submissions at the end of the month.

Prosecutors did not oppose the delay, saying the effect of a conviction was something Solicitor General Martin Hinton, SC, also wanted to consider.

The delay also means SA Police could not serve Finnigan with notice of his inclusion on the national sex offender’s register, as would normally happen following a guilty verdict.

Legally, names cannot be entered on the register until a person is a convicted sex offender.

Defence counsel further objected to a move by Judge Millsteed to lift the suppression order on the search terms allegedly used by Finnigan — and were again backed by prosecutors.

The lawyers asked both arguments be heard during sentencing submissions on November 30.

As a result, Judge Millsteed’s full reasons for verdict cannot be published online — a situation that did not satisfy His Honour.

He said he was concerned the public may not understand his reasoning if it was unable to read the unsuppressed verdict.

Judge Millsteed also argued publishing the terms would not, as prosecutors fear, encourage illicit internet use but instead show people the potential consequences of such actions.

A small group of protesters abused Finnigan as he left court with his solicitor, Nicholas Iles, followed by media representatives.

Finnigan, 42, who resigned from the Labor Party to become an independent MLC, had denied the allegations since he was charged in April 2011.

Finnigan stood trial in April this year, four years almost to the day since a police raid on his home and parliamentary office.

[Jimmy_041]

Use of his pre-nom is a nice touch