Former SA Labor adviser Benjamin John Waters blames ‘computer glitch’ for child abuse offending, now must give evidence in court

He confessed to his part in SA’s online child abuse ring, but now this former Labor adviser says the real culprit is a ‘computer glitch’ – and prosecutors aren’t convinced.

A former Labor political adviser says his role in an online child exploitation ring can be blamed in part on “a computer glitch” – but will have to take the witness stand if he wants a merciful punishment.

On Friday, the District Court heard Benjamin John Waters wanted to tender an affidavit about his crimes because he believes he has Autism Spectrum Disorder and would struggle to give oral evidence.

Despite pleading guilty, he claims a co-accused is responsible for his offending, saying he kept a USB of abuse material “under duress” while insisting he has no sexual interest in children.

Federal prosecutors, however, said an affidavit was insufficient because Waters had provided numerous “changing accounts” and different “versions” of his crimes since his arrest.

Benjamin Waters outside court on Friday. Picture: Dean Martin

Jeff Powell, for the Commonwealth Director of Public Prosecutions, said anti child abuse detectives had found new evidence against Waters as recently as this week.

“An analysis of Waters’ computer (shows) 37 files from the USB appear in its ‘recently accessed’ folder, and 30 of those files answer the description of child abuse material,” he said.

“There’s an assertion in the affidavit that, as Waters puts it, ‘the explanation for that must be a glitch of some sort’ … we want to raise that in cross-examination.

“The crucial issues here will be credibility and reliability (because) there’s been some changing accounts between versions Waters has provided to police, to his treating psychologist and, now, in this affidavit.”

Waters, 38, of Adelaide, pleaded guilty to accessing and transmitting child abuse material, and to possessing child exploitation material.

Former SA Labor Party adviser Benjamin John Waters outside court after an earlier appearance. Picture: NCA NewsWire / Kelly Barnes.

His arrest, alongside senior public servant Stewart Iain Berry, followed investigations into the pedophile ring led by Australia’s worst-ever child sex predator, Jadd William Brooker.

On Friday, Michael Dadds, for Waters, said his client had lodged the affidavit “to claim matters of mitigation” ahead of sentencing.

“His ASD condition and its potential impact on him giving (oral) evidence is a matter of some significant concern,” he said.

“However, we do not have any evidence to put before the court about that.”

He asked for time to obtain an expert report and asked his client’s home detention bail be varied so he could attend his family’s Christmas Day lunch.

Judge Ian Press agreed Waters should give evidence and adjourned the hearing until February.

He varied Waters’ bail but banned him from being alone at any time with his niece, who is under the age of 18.