Heath Wayne Tonkin declares innocence despite pleading guilty to child grooming, lawyer quits

A man who pleaded guilty to child grooming offences on the day of his trial now says he’s “innocent”, as his lawyer steps back from the case.

Heath Tonkin has made a shock position change after pleading guilty to child grooming offences. Picture: Emma Brasier

A man who had pleaded guilty to grooming children online has told a court he’s been set up, was “innocent from the beginning”, as his lawyer withdraws from the case.

On Monday, Heath Wayne Tonkin told Judge Emily Telfer he was “wrongly informed” by his defence lawyer, Peter Hill, and would like time to find new counsel.

“I was wrongly informed and wrongly represented from the beginning by Peter Hill,” Tonkin said from the dock.

“I do want to get another lawyer because for the last two and half years I’ve just been trying to deal with the emotion side of things and want to actually have someone who believes in my case and believes in the truth, that's all.

“I’m innocent, I was innocent from the beginning but Peter told me I had to do the guilty plea three days before trial … a lot of it was a set-up.”

Before Tonkin’s statement, Mr Hill addressed Judge Telfer and explained the relationship was “irretrievably broken down” and asked to be granted leave to withdraw. He then left the courtroom.

Judge Telfer, speaking directly to the 45-year-old – who previously ran a mid-coast coffee van – told him his situation was “serious”.

Heath Tonkin, outside court, has proclaimed his innocence and claimed to the judge he was “wrongly informed” by his former lawyer. Picture: Emma Brasier

Defence lawyer Peter Hill outside court.

“Mr Tonkin, I want to emphasise to you how serious your position is because, as I tried to emphasise to you, I have no discretion but to send you to jail,” Judge Telfer said.

“This has already gone on for a very, very long time and the prosecution are asking me to put you in custody today.”

The Morphett Vale man pleaded guilty to three counts of communicating to make a child amenable to sexual activity on the first day of his District Court trial.

Tonkin was arrested by detectives from the SA branch of the elite Joint Anti Child Exploitation Team on December 7, 2022.

It was alleged that toward the end of 2022 he was communicating with a child under the age of 14 years.

Prosecutor Hilda Kinuthia has previously told the court Tonkin was to be sentenced as a “serious repeat offender”.

On Monday, the court heard Tonkin had been in touch with other legal counsel, and requested time to instruct a new lawyer.

Ms Kinuthia proceeded with the crown application to remand Tonkin, and said he would still be able to instruct a new lawyer from custody – but Her Honour granted him a final chance.

Tonkin was remanded on continuing bail to return to court later this month.