Independent MP Sam Duluk tells court he will not pursue bid to see private investigator’s report on alleged assault

The assault charge against Independent MP Sam Duluk will now follow the ordinary path of court cases after he abandoned his bid to see a private eye’s confidential report.

Independent MP Sam Duluk, right, and his solicitor Domenic Agresta, left, outside court. Picture: NCA Newswire/Dean Martin

Independent MP Sam Duluk will not pursue his bid to see a private investigator’s report concerning his alleged assault of a fellow politician, a court has heard.

On Wednesday, counsel for Duluk told the Adelaide Magistrates Court the allegations against their client could now proceed “in the ordinary manner”, like any other assault case.

The concession came after lawyers for Speaker Josh Teague revealed their client was claiming parliamentary privilege over the investigator’s report – a claim Duluk opted not to contest.

“We don’t seek to press against the claim to privilege,” Domenic Agresta, for Duluk, told the court.

“It seems to us that our subpoena has been answered, and everything it returned is covered by privilege.

“We and the prosecution agree that the matter should now be set for a pre-trial conference, in the ordinary manner.”

Duluk, 37, has yet to plead to one count of having allegedly assaulted fellow MP Connie Bonaros by placing an arm around her waist and slapping her on the bottom.

Amid claims of racist, homophobic remarks, Duluk was barred from the party room and voluntarily suspended his membership, later apologising for his behaviour.

In October, Duluk’s counsel told the court they wanted access to a renowned private investigator’s inquiries into their client’s alleged conduct

The investigator had been hired by then-Speaker Vincent Tarzia, but his work was put on hold when SA Police became involved in the allegations.

On Wednesday, Damian O’Leary, for the Speaker, said a copy of the report had been provided to the court inside a sealed envelope.

“There is a letter from the Speaker attached to the outside of that envelope,” he said.

“It explains that the investigator’s report was brought into existence for the benefit of parliament, and therefore parliamentary privilege attaches to it.

“That, we say, is basis enough for this court to be satisfied there is privilege and the report should be returned unseen – if not, we can put written submissions.”

Magistrate Jeff Fahey asked those written submissions be filed “out of an abundance of caution”, but noted neither prosecution nor defence opposed the Speaker’s position.

He said he would deal with the submissions administratively and ordered Duluk attend a pre-trial conference in February.