Former state MP Bernard Finnigan convicted of illicit use of child pornography but spared jail

FIVE years ago, Bernard Finnigan was a rising star of the Labor Party – a self-proclaimed “servant of Christ” and factional heavyweight on the fast track to leadership. From Wednesday, he is a registered child sex offender.

Chief Court Reporter Sean Fewster

5 min read

December 9, 2015 - 11:20AM

FIVE years ago, Bernard Finnigan was a rising star of the Labor Party – a self-proclaimed “servant of Christ” and factional heavyweight on the fast track to leadership.

Unknown to friends, colleagues and family, the devout Catholic’s heavy use of online pornography warped, on Christmas Eve 2010, into a taste for child exploitation material.

On Wedneday, the disgraced former MP stood gulping as the District Court imposed a suspended 15-month jail term for his part in the vile degradation of innocent children.

He now is also a registered child sex offender until 2023 after being convicted of his illicit use of online child pornography.

In the District Court on the day after his 43rd birthday a shaking and visibly distressed Finnigan was given a suspended jail sentence of 15 months, with an eight-month non-parole period.

The penalty was imposed more than four years after the Labor Party’s former factional heavyweight and Cabinet Minister was arrested.

Judge Steven Millsteed suspended that term on condition of a three-year, $1000 good behaviour bond.

In sentencing, Judge Millsteed said he doubted he had the legal power to spare the fallen MP a conviction, as asked for by defence counsel.

“It is not necessary for me to determine this issue because, even if I had such power, I would not exercise it in your favour,” he said.

“Your offending was a serious breach of the law and people who access child pornography encourage the vile degradation and sexual exploitation of children.

“The courts must do what they can to protect children from such reprehensible behaviour by imposing sentences to deter, as far as possible, people accessing child pornography.

“While there might be cases where it is appropriate to not record a conviction your case is not one of them.

“Furthermore, to this day you have refused to accept your guilt, nor have you expressed contrition or remorse for your conduct.”

As he stood in court reading the terms of his suspended sentence, Finnigan was approached by SA Police officers.

They led him from court to a nearby witness room and served him with paperwork listing him on the National Child Sex Offenders Register.

The Advertiser understands the registration is effective from Wednesday and will last eight years.

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Finnigan, 43, was last month found guilty of one count of obtaining access to child pornography.

He was arrested at his home in April 2011, and his case went through multiple mutations before his trial commenced almost four years later.

Prosecutors alleged the search terms Finnigan used, during three-minute browsing sessions in December 2010 and April 2011, were “furtive, brazen” and “obviously” criminal.

Those search terms, which were suppressed prior to Monday’s hearing, detailed the age and body type of girls and teenagers, as well as specific sex acts.

At trial, defence counsel insisted Finnigan had committed no crime and sought to blame Google’s patented search algorithm for “delivering” illicit material to their client’s computer.

During the trial and the seven-month wait for Judge Millsteed’s verdict, Finnigan continued to receive his $150,000-a-year Parliamentary salary.

In his verdict, Judge Millsteed found Finnigan guilty of obtaining access to child pornography but acquitted him of attempting to do the same.

Finnigan has yet to have a conviction recorded against his name, so far sparing him inclusion on the national sex offenders register.

The delay, which meant Finnigan kept his Upper House seat, sparked widespread controversy that ended only when the disgraced politician resigned.

His counsel urged the court to not record a conviction — which would have spared him inclusion on the child sex offenders register — while prosecutors insisted one was warranted.

Finnigan stared downwards with his hands held together in front of his waist as the sentence was read.

He gulped at times while Judge Millsteed spoke but otherwise showed little emotion.

In sentencing, Judge Millsteed said he was satisfied beyond reasonable doubt that Finnigan had deliberately sought out child pornography.

He said Finnigan had attempted to do so 17 days before the charged offence, but was unsuccessful — proving his crime was “not an isolated or impulsive act”.

He said that, on Christmas Eve 2010, Finnigan had used a perverse Google search term to visit promoting child exploitation material.

“You viewed some or all of their contents (that were) young females posing naked or partially clothed,” he said.

“There were other young females engaged in various forms of sexual intercourse and other types of sexual activity.

“Many of the girls appeared to be in their early teens, a small number appeared to be 12 years or under ... there was no sadism or bestiality.”

Judge Millsteed said it “was not possible to determine” how long Finnigan had viewed the images, but acknowledged he had neither downloaded nor disseminated them.

“Since your arrest, you have been the subject of considerable public and political villifiation and intense media scrutiny,” he said.

“As a Member of Parliament, your conduct in accessing child pornography warranted public condemnation.

“Unfortunately, some members of the public have stooped to engage in discreditable and criminal behaviour to vent their anger ... as a result, you have become a frightened and socially-isolated man.”

During sentencing submissions, Finnigan’s counsel said they had not provided a psychological report because their client was unable to afford one.

“I find that surprising given the amount of money you must have invested in defending the charges brought against you,” Judge Millsteed said.

“Be that as it may, it would seem that you have failed to inform your psychologist that your problem extends beyond legal pornography to child pornography.

“Until you do that, your prospects of fully rehabilitating must be compromised.

“It’s impossible for me to make any informed assessment about your prospect of avoiding further relapse into offending of this type.”

Judge Millsteed said it was “inappropriate to extend leniency” toward Finnigan, recorded a conviction and imposed his suspended term.

Finnigan pulled a tissue from his pocket and wiped his forehead as he made his way from the dock to the bench to sign his good behaviour bond.

As courtroom emptied, Finnigan stayed behind and read his bond — after a couple of minutes, he blew his nose and went to his lawyer, Hannah Doyle.

Police then served the former MP with his eight-year sex offender’s register notification.

Finnigan declined to comment, outside court, on whether he would lodge an appeal against the guilty verdict, his conviction or sentence.

A spokeswoman for Director of Public Prosecutions Adam Kimber, SC, told The Advertiser there would be no comment on the case.

Health Minister Jack Snelling also refused to comment on the sentence, saying it was “entirely a matter for the courts”.

Mr Snelling said he was no longer in touch with Finnigan, a former friend and factional ally, and hoped the matter was now closed.

Mr Snelling also cast doubt on how “practical or possible” it would be to claw back an estimated $700,000 in taxpayer-funded wages earned by Finnigan since he was charged four and a half years ago.

Mr Snelling said questions about a possible review of the lengthy court process or an appeal against the sentence were matters for Attorney-General John Rau.

Opposition Leader Steven Marshall said an investigation was needed into why the court process had dragged on for so long.

“I think the people of South Australia quite frankly are just very glad that this sorry situation has finally come to an end,” he said.

“It’s taken far too long. The government needs to immediately conduct an investigation into why this has taken four and a half years.”

Mr Marshall said he had not read the judgement and it was difficult to say whether Finnigan should spend time in jail.

In a statement, State Attorney-General John Rau every was different, “depending on its nature and complexity” adding “these matters and scheduling of cases are matters for the courts.”

“Justice reforms due next year will, if passed by the parliament , improve resolution times in most cases.”