Speaker Josh Teague scraps parliamentary inquiry into Sam Duluk’s behaviour

A senior Liberal says Sam Duluk should be allowed back into the party, given all matters regarding a boozy 2019 Christmas party have “concluded”.

Senior Liberal Nicolle Flint is urging her political ally Sam Duluk be readmitted to the party after an investigation was scrapped into his behaviour at an alcohol-fuelled parliamentary Christmas party.

Ms Flint, whose federal Boothby electorate includes the southeastern Adelaide seat of Waite, said Mr Duluk had extensive grassroots backing to return to the Liberals.

“As all matters regarding the events of 2019 have now concluded, Sam Duluk should be readmitted to the Liberal Party, and he has extensive support from our Liberal Party members in Waite, and more broadly, for this to occur,” she told The Advertiser.

‘Sam has worked very hard to address the issues that led to the events of 2019 and has demonstrated his absolute commitment to serving the people of Waite since.”

Ms Flint, the SA Liberal Women’s Council president, was speaking on behalf of the Liberals’ conservative group to which Mr Duluk has been aligned, which also includes Barker MP Tony Pasin and Senator Alex Antic.

Mr Duluk has already indicated he intends to contest next March’s state election but not specified whether he wants to rejoin the Liberal Party.

Responding to Speaker Josh Teague’s ruling on Tuesday morning that he would not revive a parliamentary investigation into Mr Duluk’s behaviour at a boozy Christmas party, Mr Duluk restated his commitment to continue serving the people of Waite.

But he did not specify whether he intended to contest next March’s state election as an independent, or whether he would seek to rejoin the Liberal Party.

“I welcome the ruling of the Speaker today, and once again put on the record my personal apology and remorse for my behaviour on the evening some 20 months ago,” Mr Duluk said.

“I know that daily, I have taken positive steps to reflect and improve as a person.

“I seek to continue to serve the people of Waite to the best of my ability. As a community, we have been proud to work together to preserve the heritage-listed Waite Gatehouse, save the Mitcham Service SA Centre, reactivate the Repat health precinct and ensure our environment and community infrastructure is well funded. I look forward to continuing this work.”

Speaker scraps investigation

Mr Teague, announcing his decision to scrap the probe on Tuesday, said it was not the role of a Speaker to act as an investigator, and the law did not allow him to act in that capacity.

“I do not therefore intend to further undertake investigations into the matter,” he told parliament on Tuesday morning.

“As the Speaker said in February 2020 and I reiterate now, there is nothing preventing any aggrieved person from making a complaint to any relevant body at any time, or for the house to adopt a course of action it thinks is appropriate further to deal with the matter.”

Sam Duluk leaves court after an appearance. He was last month acquitted of assaulting SA BEST MLC Connie Bonaros. Picture: NCA NewsWire/David Mariuz

Explaining his decision, Mr Teague said the rules that governed parliament in December 2019, at the time of the party, did not allow investigation or adjudication of complaints made by a member of parliament against another member.

Though that “unsatisfactory circumstance” was changed in amendments passed by parliament last year, he said, he must comply with the laws applicable at the time of the complaint.

“I emphasise that both the Speakers’ investigation to determine particulars of what happened, and the police investigation in this case, took place prior to these amendments,” Mr Teague said.

He added that, as well as dealing with the assault charge, the magistrate’s judgment contained more than 20 separate “findings of fact” that address what took place on the night of the incident.

“It is not for the Speaker to gainsay those matters,” he said.

“In the circumstances, the matter the subject of the Speaker’s investigation is therefore overtaken by the police investigation and completed by the subsequent judicial process.”

Speaker Josh Teague has announced a parliamentary inquiry into Mr Duluk’s conduct will not continue.

Marshall won’t be drawn on Duluk return

Premier Steven Marshall has stood by his previous comments condemning Mr Duluk’s behaviour on the night of a boozy parliamentary Christmas party but refused to give a position on his return to the Liberal Party.

Under questioning from Opposition Leader Peter Malinauskas, Mr Marshall said he had repeatedly made it clear Mr Duluk’s behaviour at the 2019 party was “completely and utterly unacceptable”.

“Now he has apologised for this. It doesn’t take away the fact that this behaviour was unacceptable. It’s been found so, of course, also by the court, although he didn’t commit a criminal activity,” Mr Marshall told parliament.

“What we do know is that that behaviour was completely and utterly unacceptable and I stand by all my public comments in relation to this matter.”

But Mr Marshall did not respond to Mr Malinauskas’s invitation to give his view about whether Mr Duluk should rejoin the Liberal Party.

Instead, he repeated this would be a decision for the party’s state executive if Mr Duluk applied to rejoin.

Mr Duluk was acquitted of assaulting SA BEST MLC Connie Bonaros at a Christmas Party in 2019. Picture: Mark Brake

Both Mr Marshall and senior federal Liberal Finance Minister Simon Birmingham had expected Mr Teague would decide to resume the inquiry.

Deputy Opposition Leader Susan Close said Mr Teague’s decision was a “humiliating repudiation” for Mr Marshall, and called on the Premier to clarify whether Mr Duluk would now be allowed back into the Liberal Party.

“The ball is now firmly in Steven Marshall’s court,” she said. “Is Duluk in the Liberal Party or not?

“Steven Marshall is the leader of the Liberal Party and a member of the party’s state executive – he cannot handball responsibility, this is very much a matter for him.”

This shouldn’t be the end: Greens MLC

Greens MLC Tammy Franks, who has previously declared her support for the inquiry, said Mr Teague’s decision “shouldn’t be the end of the matter”.

“I feel like I have staff and colleagues who are deeply unsettled by the lack of process,” she said.

“They feel powerless and feel like they don’t have a voice in any of this.”

Ms Franks has said upwards of 10 people at the party were yet to give their version of events to the investigator at the time the inquiry was suspended.

She has lodged a notice of motion and intends to outline her version during an address to the upper house on Wednesday.

Ms Franks, who attended the Christmas party but did not witness the assault, has previously said there was a “range of things” beyond the criminal allegation that happened on the night of the Christmas party.

Through a party spokesman, SA-BEST declined to comment on the decision.

Mr Duluk was on August 24 acquitted of assaulting SA Best MLC Connie Bonaros at the 2019 Christmas party – but Magistrate John Wells harshly criticised his drunken behaviour.

The parliamentary inquiry was commissioned by former speaker Vincent Tarzia to probe Mr Duluk’s behaviour on the night of the party but was suspended after concerns it would interfere with a police investigation into the assault allegations.