Independent MP Fraser Ellis appears in court for sentencing submission for taxpayer fraud

An independent MP found guilty of rorting SA taxpayers has called his case “a sideshow”, as he prepares an appeal to challenge the decision.

A dishonest independent MP is excited to “spend Christmas with family”, and regards court appearances as “just a sideshow” as he prepares to appeal his conviction.

Fraser Ellis, 32, appeared in the Adelaide Magistrates Court on Thursday in front of Magistrate Simon Smart for what was supposed to be sentencing submissions after being found guilty of four counts of deception.

However, Mr Smart adjourned the matter in the event the verdict is overturned because both Mr Ellis and the prosecution have filed appeals.

In its appeal papers, the ODPP asserts Mr Smart “erred” in his decision, and “failed to consider the cross-admissible evidence” underpinning its case.

In his appeal, Mr Ellis also asserts Mr Smart “erred” – but by “excluding, as a reasonable possibility”, the other four counts were also “made mistakenly but honestly”.

After his appearance, Mr Ellis said he was anticipating returning to court next year and having his appeal heard – and “hopefully succeeding”.

MP Fraser Ellis outside the Adelaide Magistrates Court in July. Picture: NewsWire / David Mariuz

“It’s part of the process and I’m looking forward to it continuing,” he said. “It will be nice to have Christmas in peace with the family.

“My focus is always on serving the electorate – that takes up the most of my time and this is just a sideshow that I have to attend to every now and then.

“The appeal process will take its course and I’m confident that we will put a good argument forward and I think delaying sentencing is a sensible decision. It prevents an outcome being achieved before it’s necessary.”

In July, Mr Ellis was found guilty at trial of four counts of deceit, but acquitted of a further 19 counts of the same offence, arising from alleged rorting of the Country Members Allowance. He had pleaded not guilty to all charges.

Fraser Ellis has appealed his conviction. Picture: NewsWire / David Mariuz

Magistrate Simon Smart ruled many of the incidents prosecutors had alleged to be fraud were innocent, explainable errors of memory or accounting.

He found four of the incidents alleged – amounting to $2738 – were “dishonest” and “deliberate falsehoods” on the part of Mr Ellis.

On Thursday, prosecutor Robert Walker made an application to re-set the matter for sentencing submissions – urging Mr Smart to “not change the course of the administration of justice”.

Mr Smart said he “wasn’t much swayed” by Mr Walker’s application, outlining his main concern was “embarking on a sentencing process that may become redundant”.

Scott Henchliffe KC, for Mr Ellis, opposed the prosecution’s application – telling the court that if convictions were imposed, his client’s seat in the South Australian parliament would be “declared vacant”.

“If the member’s seat is vacated, which will be declared vacant with a conviction, the by-election is held, a new member is elected,” Mr Henchliffe said. “Then, if the defendant’s appeal succeeded such that he was no longer convicted, he could not return to his seat.

“He would have been forced out of being a member and the electorate would have been deprived of him as their member through a conviction which was later quashed.”

Mr Ellis will front the Court of Appeal in April next year, before returning to the Adelaide Magistrates Court in May for submissions.