Ex-MP Annabel Digance tells court her blackmail case is ‘malicious prosecution’ by Peter Malinauskas

Former MP Annabel Digance is accused of trying to blackmail SA’s Opposition leader – but she says Peter Malinauskas is abusing the law to “maliciously” prosecute her.

Former MP Annabel Digance’s blackmail case is a “malicious prosecution” and a “collateral abuse of process” instigated by Opposition leader Peter Malinauskas that should be thrown out, a court has heard.

On Tuesday, lawyers for Ms Digance also said Mr Malinauskas should be compelled to take the Adelaide Magistrates Court’s witness box and be cross-examined by them.

Robert Cameron, for Ms Digance, said his client would not be entering her plea to blackmail accusations as scheduled, flagging his intent to have the case thrown out before trial.

“In our respectful submission, there is no case to answer,” he said.

“This prosecution, instigated by Mr Malinauskas, is a malicious prosecution and it’s a collateral abuse of process for reasons which I will briefly explain to the court.”

Told, by Magistrate Michelle Sutcliffe, the court lacked time to hear such an explanation and the matter would have to be adjourned, Mr Cameron pressed on.

Former SA Labor MP Annabel Digance and her husband Greg at Adelaide Magistrates Court on Tuesday. Picture: NCA NewsWire / Naomi Jellicoe

“It might be helpful to the court and the prosecution, in considering their position, if we were to briefly foreshadow what we seek to be heard on,” he said.

“There are special reasons why Mr Malinauskas should be ordered to attend court for cross-examination.

“Those reasons are in support of the submissions we will make, which is that this prosecution instigated by Mr Malinauskas is malicious.

“It’s a collateral abuse of process seeking to shut down a Select Committee hearing of parliament that was voted on, on March 31.”

As Mr Cameron outlined further dates, including April 9, Ms Sutcliffe asked him to pause his submissions for the moment.

“You can make these arguments on the next occasion,” she said.

Ms Digance, 63, was the Labor MP for the seat of Elder from 2014 to 2018.

In March, she publicly claimed there were “many, many examples” of misuse of power, bullying, intimidation and harassment within the Labor Party.

Subsequently, Attorney-General Vickie Chapman successfully moved for a Select Committee to investigate those allegations.

In April, Ms Digance and her husband Greg, 60, were arrested.

Opposition leader Peter Malinauskas. Picture: Roy VanDerVegt

They have yet to plead to one count each of blackmail, which carries a maximum 15-year prison term.

SA Police have alleged they made threats to Mr Malinauskas in 2020 and 2021 in text messages, in telephone calls and at face-to-face meetings.

They allegedly threatened to make false accusations about Mr Malinauskas’ conduct in order to politically wound him in the lead-up to the state election next March.

The threats, prosecutors alleged included baseless allegations of racism, bullying, harassment and sexism – Mr Malinauskas is neither suspected of, nor being investigated for, any offence.

It is further alleged the couple issued demands that Mr Malinauskas orchestrate Ms Digance’s return to politics, and continued to do so even after he warned them he would inform police.

On Tuesday, Jon Lister, for Mr Digance, said he had only recently been instructed in the matter and required an adjournment to take instructions.

Mr Cameron asked the matter be set down for “no case” submissions – a hearing at which counsel argue there is insufficient evidence for charges to be put before a jury.

Ms Sutcliffe remanded the Digances on continuing bail for no case submissions in November.

Mr Malinauskas declined to comment about the hearing.

“Annabel and Greg Digance are currently before courts facing serious charges and therefore I cannot comment,” he said.