Labor politician’s senior adviser viewed child exploitation material at work, court told

A top adviser to a Labor politician viewed child abuse material at work and then excused himself “to go to the bathroom”, a court has been told.

Former ALP adviser Benjamin John Waters received and viewed child abuse material via an encrypted app while at work, then excused himself to “go to the bathroom”, a court has heard.

The District Court has also heard Waters transmitted the illicit material as well as receiving it, commenting on specifics of the videos and images and admitting being aroused by them.

On Monday, Waters – who worked for MP Nat Cook prior to his arrest as part of HIV-positive paedophile Jadd William Brooker’s online syndicate – took the stand to give evidence.

Despite having confessed to multiple offences, he said “felt” he “needed to explain” he had no sexual interest in children.

“If I did, I would accept that and have the proper treatment … I need to make sure it’s known that not everybody that’s doing this stuff must have a sexual interest, and I don’t,” he said.

“I’ve made a lot of mistakes in this case … I made the stupid mistake of holding on to (child abuse material) and viewing it, and it haunts me every day.

“I’ve made poor choices, very poor choices.”

However, witness and sex offender Thomas Donaldson – a Melbourne-based member of the syndicate, who is awaiting sentence for his crimes – told the court that was not his experience with Waters.

He said they communicated via the Telegram app from late 2019 through to early 2021 over their “instant, very mutual and reciprocal” interest in child abuse.

“In terms of small talk, of getting to know each other, there was nothing like that,” Donaldson said by video link.

“He provided a lot of indication that he was aroused by that sort of (child abuse) content.

“If he was at work and replying to messages, he would often say he needed to go to the bathroom to relieve himself in that regard.”

Former SA Labor party adviser Benjamin John Waters. Picture: NCA NewsWire / Kelly Barnes.

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

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

Previously, Waters has blamed his crimes on duress from an alleged co-offender and “a computer glitch” making it appear that he personally accessed the material.

On Monday, Waters said he had a diagnosed Autism Spectrum Disorder and mental health issues including bipolar disorder.

He said that made it difficult to retell events in their correct order, left him “eager to please” other people and in need of a notebook to write down questions as be was being cross-examined.

Waters rejected all of Donaldson’s evidence and said he had not blamed a glitch, only suggested there was “a technical explanation” that he “did not know”.

He agreed he had viewed 30 files, but insisted he did so only to “understand why an adult would want to have a relationship” with a child.

He also denied assertions, by prosecutors, that he had “changed his story” multiple times” since his arrest.

“Over time, a lot more things have fallen into place and I’ve got a lot more clarity,” he said.

“I didn’t change my story, it just got more accurate in my head.”

Jeff Powell, prosecuting, labelled Waters’ explanations “nonsense” and “senseless”, suggesting he had “looked at these images because you enjoyed it”.

Waters denied that, asking: “Why would I put myself through this exercise (in court) if I was?”

Mr Powell replied: “Because you were not planning to get caught … you were selfish, you were conceited.”

Waters then complained he was “confused”, saying “it’s incredibly hard to be inside my head”.

The hearing, before Judge Ian Press, continues.