Sam Duluk found not guilty of assaulting fellow MP Connie Bonaros – but magistrate says he behaved ‘like a drunken pest’

Connie Bonaros has responded after Independent MP Sam Duluk was acquitted of assaulting her at a Christmas party – but harshly criticised for his drunken conduct.

Independent MP Sam Duluk has been acquitted of assaulting a female colleague – but a magistrate harshly criticised his drunken behaviour and the MP who lodged the report, Connie Bonaros, implored women and girls to speak out against those who mistreat them.

On Tuesday, the Adelaide Magistrates Court found Mr Duluk not guilty of a criminal offence but branded him “rude, insensitive, uncouth and disrespectful”, and said he owed Ms Bonaros an apology for “behaving like a drunken pest” at a parliamentary Christmas party.

Mr Duluk declared his dedication to continuing as the MP for Waite, in southeastern Adelaide, but did not state whether he intended to seek to return to the Liberal partyroom.

The court formally acquitted Mr Duluk of assaulting Ms Bonaros by slapping her bottom due to “irreconcilable incongruities” in evidence about the night.

MP Sam Duluk leaves the Magistrates Court after he was found not guilty of assault at a Christmas party in 2019. Picture: NCA NewsWire / David Mariuz

Magistrate John Wells said Ms Bonaros was “unequivocally an honest witness” who neither exaggerated nor embellished her evidence, and praised her courage in coming forward about the events of the night.

However, he said he could not find Mr Duluk guilty beyond reasonable doubt because the account of a second witness – who he found as reliable and as honest as Ms Bonaros – significantly differed from hers.

“You are accused of a crime, you are presumed innocent … nothing short of proof beyond a reasonable doubt is sufficient to prove you guilty,” he said.

“If there is a reasonable doubt then you are entitled to the benefit of that doubt.

“None of (your) conduct is illegal, all of this conduct shows you were insensitive, uncouth and disrespectful.

“You were behaving like a drunken pest.”

Standing in the dock, Mr Duluk bowed his head as Mr Wells found him not guilty but still criticised his inappropriate and unwelcome actions toward Ms Bonaros.

“Your behaviour towards Ms Bonaros does not, in law, amount to a criminal offence but it was rude, unpleasant, insensitive and disrespectful – you owe her an apology,” he said.

BONAROS AND DULUK ISSUE STATEMENTS

In a statement after the verdict, Ms Bonaros said she didn’t want any woman or girl to think there was no benefit in taking action against “someone like Mr Duluk”.

“I want to stress to all the women and girls who might have read about my case or might listen to these words that they should complain, they should report and they should prosecute and sue,” she said. “They should not let this decision dissuade them.”

Connie Bonaros says she does not regret lodging a complaint with police despite the outcome of the case. Picture: Mark Brake

Ms Bonaros stressed she was “so glad” she made a police complaint about Mr Duluk “for what he did to me that night”.

“I am pleased I took this action in spite of the toll and in spite of the verdict,” she said.

“I have sent a message to him that what he did was wrong. I have sent a message to those in positions of power who feel entitled and untouchable that their time is up.”

Ms Bonaros called for changes to the way similar matters are dealt with by the parliament and the courts.

Mr Duluk did not comment outside court, but later sent a statement to The Advertiser in which he said he was grateful for the opportunity to clear his name.

“In reflecting on the magistrate’s remarks, I reiterate the personal apology I conveyed to Ms Bonaros after the event,” he said.

“Whilst the last 20 months have been challenging, and a period of deep personal reflection, I am dedicated to continuing to serve the people of Waite.

“I will continue to work closely with my community and colleagues to champion the issues that matter to the people I represent.”

Speaking before parliament late Tuesday, Mr Duluk said: “I know that I stand here today a stronger, happier and better person, having addressed the causes of my behaviour that night”.

Mr Duluk, 37, pleaded not guilty to one basic count of assault arising from an alleged incident at a 2019 Christmas party.

SA Police alleged he assaulted Ms Bonaros by placing an arm around her waist and slapping her on the bottom.

After the alleged incident, Mr Duluk was banned from the Liberal party room, voluntarily surrendered his membership and apologised.

PARLIAMENTARY INVESTIGATION TO RESUME?

An independent parliamentary inquiry was to be held but was paused when charges were laid.

Speaker Josh Teague said he hoped to respond shortly to questions over whether the inquiry would resume, but Premier Steven Marshall said he expected it to press ahead.

“Whilst it is a matter for the Speaker and parliament, now that the court case has concluded, we would expect the Parliamentary Investigation to continue,” he said.

“Regarding the question of if Mr Duluk will come back into the Liberal Party – that is one for the Liberal Party to make but I would assume the Party would also await the outcome of the parliamentary investigation before making a decision.”

Liberal Party state director Sascha Meldrum said: “If an application is made by Mr Duluk to resume his membership, then the Executive will consider the matter”.

The Opposition said, despite the not guilty verdict, it was clear Mr Duluk behaved “dreadfully” and he should not be allowed back into the Liberal Party.

Labor leader Peter Malinauskas urged Mr Marshall to take a hard line against such behaviour.

“Steven Marshall has set the standard, he’s already made very clear, on the record, his expectations about what he would and wouldn’t accept,” he said.

“Now it’s up to Steven Marshall to account for whether or not he’s going to maintain that standard.”

Connie Bonaros, SA-BEST MLC, outside court. Picture: NCA NewsWire / Naomi Jellicoe

The photo of Justin Hanson, Connie Bonaros and Sam Duluk taken during the 2019 Christmas party and tendered at trial. Source: Adelaide Magistrates Court

WHAT THE MAGISTRATE FOUND

At trial, Ms Bonaros told the court Mr Duluk had put ice down her top, twice lifted her up and forced her to dance before he slapped her bottom.

She said she felt “extraordinarily humiliated” and said “sit the f--- down … do you think that because you are some Liberal powerbroker, you can do whatever you want?”.

Mr Duluk did not give evidence, however his counsel highlighted a photo of himself, Ms Bonaros and Labor MLC Justin Hanson taken on the night.

They alleged Ms Bonaros had never advised police the photo existed, meaning officers discovered it in her phone’s data just three weeks prior to trial.

They argued the photo, coupled with another eyewitness account of events that contradicted Ms Bonaros’ evidence, meant the charge could not be proven beyond reasonable doubt.

Mr Wells originally intended to hand down his verdict on July 15, however that was postponed due to his involvement in hearing the Operation Ironside cases.

In his verdict on Tuesday, Mr Wells said the case had rightfully attracted significant public attention.

“This alleged incident took place at a time of broader public discourse about the behaviour of elected public officials, and other people in the public eye, (about) what is considered acceptable by the community,” he said.

“Those conversations are important, but criminal trials are decided on evidence … juries, judges and magistrates must arrive at their verdicts dispassionately.”

Mr Wells said Mr Duluk was “an unmistakeable presence” at the party who was “obviously drunk” and had a “clear focus” on Ms Bonaros.

He accepted her evidence that Mr Duluk had tried to force her to drink, tried to force her to dance, “hoisted” her into the air, thrown ice around, tried to put it down her dress and entered her office without permission.

“This was uninvited, unwelcome and made her uncomfortable,” he said.

Mr Duluk outside court today. Picture: NCA NewsWire / David Mariuz

Ms Bonaros had described the alleged assault as a “swooping, two-handed” contact with her bottom that made an audible sound.

She had also given evidence that the alleged incident occurred toward the end of the party.

“Ms Bonaros was, unequivocally, an honest witness – she was clear, logical, composed, she was not exaggerating nor embellishing, she was thoughtful and considered,” Mr Wells said.

“I do not underestimate the stress involved in giving evidence … Ms Bonaros showed grace, poise and courage.”

The other witness, however, had described a “starkly different” interaction, much earlier in the night, that was neither a grab nor slap and would not have made a sound.

Mr Wells said that left him with a “fundamental incongruity” as both witnesses were equally “honest and reliable”.

Mr Duluk’s counsel had likened the situation to the case of Cardinal George Pell, who was twice convicted of child sexual abuse and then acquitted by the High Court.

In that case, the court found there was “a significant possibility an innocent person” had been convicted “because the evidence did not establish guilt to the requisite standard of proof’’.

“The High Court warns of the dangers of convicting an accused where there are two separately credible but factually inconsistent bodies of evidence,” he said.

“Both witnesses (in Mr Duluk’s case) are, separately, truthful, but each account casts doubt on the other … they cannot both be accepted beyond reasonable doubt.

“Their observations, particularly of the specific nature of the touching, cannot be reconciled … neither witness can be reliable beyond reasonable doubt in light of the other.

“Neither (witness) can be renounced … both are separately credible … there is an essential uncertainty about what actually happened.

“It follows that I must acquit you, Mr Duluk.”

Before releasing Mr Duluk from the dock, Mr Wells told him the evidence clearly showed “drunken behaviour” fuelled by “substantial” alcohol.

“I’m sure it has not escaped your attention that part of the reason you’re now standing in the dock of a criminal court is because of your excessive alcohol intake on that night,” he said.

MP Sam Duluk outside court at an earlier appearance. Picture: NCA NewsWire / David Mariuz.

Greens MLC Tammy Franks said she was not surprised by the verdict, but added “the evening was far broader than that one incident”.

“It’s now time for the private investigator to get on with their work and for this parliament to ensure the Equal Opportunity Commissioner’s recommendations are taken seriously and acted on swiftly,” she said.

“I have already written to the various presiding members asking that the inquiry resume, and I’ll do that again today.”

Ms Franks said the proceedings had taken a large toll on Ms Bonaros, who has been given a pair in order to miss parliament this week.

“All strength to her for not accepting bad behaviour in this workplace,” she said.

“It’s to our shame that the courts seemed her only option.”

Deputy Opposition Leader Susan Close said the independent inquiry must continue “because it will look at other elements of what happened that night”.

“We do need to know everything that happened that night,” she said.