MP Fraser Ellis lodges Supreme Court appeal against ruling not to throw out evidence, delays trial

An MP who allegedly rorted a travel allowance has lodged a Supreme Court appeal against a decision not to rule out swathes of evidence against him.

An MP charged with rorting the Country Members allowance has lodged an appeal with the Supreme Court against a ruling not to throw out critical evidence against him.

Member for Narungga Fraser Ellis this week lodged the appeal against Magistrate Simon Smart’s rejection of his application to have all the evidence against him thrown out under parliamentary privilege.

In the Adelaide Magistrates Court on Wednesday, counsel for Mr Ellis asked the court to vacate a four-day trial scheduled to begin next week.

Prosecutors opposed the application but it was granted by Mr Smart.

Earlier this month, Mr Smart ruled against an application from Mr Ellis’ legal team to have large swathes of evidence against Mr Ellis ruled inadmissable because they had been tabled in parliament.

MP Fraser Ellis pictured at Magistrates Court on August 10, 2022, after losing a bid to have deception charges against him dismissed. Picture: NCA NewsWire

His legal team had argued that the tabling of thousands of forms linked to the allowance to parliament in 2020 could have shrouded all the potential evidence in parliamentary privilege.

Mr Ellis has pleaded not guilty to 23 counts of deceiving another to benefit himself over the alleged rorting of the Country Members allowance.

A date for the appeal hearing is yet to be set. Mr Ellis is next due to appear in the Adelaide Magistrates Court in October.