Embattled state independent MP Fraser Ellis given stay of execution from parliament

An embattled independent politician found guilty of rorting MPs expenses has been given a temporary stay of execution from being booted from parliament.

Fraser Ellis outside the Adelaide Magistrates Court. Picture: David Mariuz/ NewsWire

An embattled independent politician found guilty of rorting MPs expenses has been given a temporary stay of execution from being booted from parliament.

The MP for Narungga Fraser Ellis, 32, was found guilty in the Adelaide Magistrates Court of four counts of rorting $2738 from the country members’ allowance but acquitted of a further 19 counts.

The former Liberal MP, who now represents the Yorke Peninsula and parts of the Mid-North as an independent is appealing the July verdict as is the state’s top prosecutor.

Mr Ellis, a father of one, has yet to be sentenced, pending the appeal outcomes.

On the first day after the midwinter break, MPs declined to push for Mr Ellis from sitting in parliament.

In a statement to MPs about the seat’s potential “vacancy”, Lower House speaker Leon Bignell tabled letters from Mr Ellis’ lawyers and Director of Public Prosecutions, Martin Hinton KC.

Under the state’s constitution, an MP’s seat can be vacated for various reasons including if they are “convicted of an indictable offence”.

Mr Ellis’ lawyer, Iles Selley principal Matthew Selley, argued his client “has not, as yet at least been convicted of any offence”.

He argued Magistrate Simon Smart has the “discretion to impose a penalty without recording a conviction and a decision not to do so is open to be reviewed on appeal”.

Mr Bignell, a former Labor MP, asked MPs to “consider the question” on any vacancy of the rural electorate, which Mr Ellis was re-elected to at the 2022 election with an 8.3 per cent margin.

Mr Ellis is appealing the magistrate decision as is the state’s top prosecutor. NewsWire / David Mariuz

Transport Minister Tom Koutsantonis, who is also the manager of government business told parliament: “Given the current circumstances of this matter, the government does not intend to move a motion at this time.”

Opposition spokesman, Jack Batty, added to MPs: “I note the leader of the house’s approach to this issue, and the opposition concurs.”

Both sides declined further comment.

In a statement outside of parliament, Mr Ellis said he acknowledged parliament’s “decision … to exercise caution and patience”.

“The wonderful people of Narungga have placed their trust in me despite the difficult circumstances and I intend to continue to serve them,” he said.

“The DPP and I have both lodged appeals which will be heard in October and I remain optimistic that I will be acquitted.

“Imposing a by-election on a community is expensive and if it can be avoided then all the better.”

Mr Ellis pleaded not guilty to 23 charges of deceit arising from an Independent Commissioner Against Corruption investigation into alleged misuse of the Country Members Accommodation Allowance for MPs.

At trial, prosecutors alleged Mr Ellis repeatedly claimed reimbursement for overnight accommodation when he had not stayed in Adelaide as required.

Initially, the anti-corruption watchdog alleged Mr Ellis had made 78 fraudulent claims totalling more than $18,000.