District Court rules Adelaide City Councillor Jing Li elected in 2022 through ‘illegal practices’

The election of an Adelaide city councillor has been ruled illegal in court in a landmark decision.

Adelaide City Councillor Jing Li outside the Court of Disputed Returns where his Adelaide City Council election victory was being contested. Picture: NCA NewsWire / Brenton Edwards

One of the state’s most important council elections was illegal, a judge has ruled.

In a landmark decision, the District Court found the Central Ward election of the Adelaide City Council was marred by forged election papers and illegal dealing of ballot papers.

For more than two years, former councillor Alexander Hyde has challenged his loss to councillor Jing Li by 24 votes in the Court of Disputed Returns.

On Friday, Judge Michael Burnett found on the balance of probabilities more than 24 votes had been cast for Cr Li where illegal practices had affected the result.

The decision could pave the way for a by-election for one or all four Central Ward seats.

Alexander Hyde. Picture: Matt Turner.

Councillor Jing Li. Picture: Dean Martin

Mr Hyde said while it was a “win for democracy” serious questions still lingered.

“This Judgement, among other things, means that a capital city election in Australia was stolen through illegal activities involving predominantly Chinese foreign nationals,” he said.

“It has serious implications. Throughout the trial we even heard the testimony that the Chinese consulate in Adelaide was approached for assistance in the election.

“Moreover this result casts a shadow over the moral legitimacy over everything this council has done.

“While the Lord Mayoral election was not the subject of my petition, the findings here at least beg the question over whether that contest was affected and whether the correct candidate was elected Lord Mayor – although that question may never be answered.”

Mr Hyde had alleged in court that Mr Li defeated him only because of the “illegal practices” which were captured in photos and covert recordings.

The judge determined two people working on behalf of Cr Li had been illegally dealing ballot papers when photographed with five ballot papers outside of the Vision on Morphett apartments in October 2022.

Two people with a wad of opened ballot papers outside the Vision Apartment building. Picture: Supplied

Judge Burnett found Keith Jin and William Bai, acting on behalf of Cr Li, also conducted illegal practices by dealing in 10 ballot papers at the Stonemill Restaurant in October 2022.

Judge Burnett also found Trinity Zhang, who was working on behalf of Cr Li, also collected an unspecified amount of unfilled ballot papers from student apartments.

No finding of bribery was made, however a finding was made that persons had dishonestly exercised a vote at an election they were not entitled. No criminal charges were laid.

Independent MLC Frank Pangallo has introduced legislation to amend the Local Government Act to make voting compulsory and for voters to hold an Australian citizenship.

“We should be deeply concerned this sort of fraudulent activity could occur – concerns which I raised about the integrity of elections being compromised by allowing foreign students renting in the CBD and elsewhere to have voting rights after just 30 days of residence,” Mr Pangallo said.

Mr Pangallo claimed the Electoral Commission had spent more than $400,000 opposing the court action by Mr Hyde.

Lord Mayor Jane Lomax-Smith said the functions and services of the council would continue and it would wait for the court to make its orders.

The court will hear submissions on whether the election of Cr Li is void and if the other Central Ward councillors – Carmel Noon, Simon Hou, David Elliott – are void.

The matter will return to court on Friday, April 4.

Mr Li, who has not been charged with any criminal offence, would not provide comment as the matter was still before the courts.