Prosecutors file appeal against MP Fraser Ellis’ deceit acquittals, while he asks court to overturn his four convictions following trial

Prosecutors won’t accept a court’s ruling on this MP’s misuse of the Country Members Allowance – prompting him to file a new legal challenge of his own.

Fraser Ellis’ fraud acquittals should be overturned on appeal, prosecutors claim – and the Independent MP says he has “no practical alternative” but to file a challenge of his own.

The Office of the Director of Public Prosecutions has told the Supreme Court that Mr Ellis was found not guilty of 19 counts of deception due to a magistrate’s errors.

They want the court to overturn those findings or order a retrial – the member for Narungga, meanwhile, has filed an appeal in response.

In a statement on Thursday, Mr Ellis said he would ask the court to reconsider the evidence in his trial and acquit him of the four charges upon which he was convicted.

“I am disappointed that the Director of Public Prosecutions has chosen to appeal,” he said.

“Even though I do not agree with the guilty verdicts, for pragmatic reasons I was prepared to

accept the findings of the magistrate and put the matter behind me.

“The Director’s decision left me with no practical alternative but to commence my own appeal.”

Earlier this month, Mr Ellis was found guilty at trial of four counts of deceit, but acquitted of a further 19 counts of the same offence.

The charges arose from an ICAC investigation into the alleged rorting of the Country Members Allowance.

Fraser Ellis outside court. Picture: NewsWire / David Mariuz

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

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

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”.

On Thursday, Mr Ellis said he hoped the appeal process could be finalised as soon as possible.

“This entire process has taken an enormous toll on my family and I,” he said.

“No doubt the ICAC investigation and subsequent prosecution, even after I repaid over

$42,000, has come at enormous cost for taxpayers.”

Though a date has yet to be set for the appeal hearing, Mr Ellis is due to face sentencing submissions before Mr Smart in September.