Former Liberal MP not guilty of slapping fellow politician on bottom but dubbed a ‘drunken pest’

A South Australian MP has been dubbed a ‘drunken pest’ but acquitted of assault after being cleared of slapping a colleague on the bottom.

A South Australian politician accused of slapping a colleague on the bottom at a work function he wasn’t invited to has been dubbed a “drunken pest” but found not guilty of assault.

Former Liberal and now independent MP Sam Duluk pleaded not guilty to one count of basic assault after the incident on December 13, 2019 when he gatecrashed a crossbench Christmas party at Parliament House.

He stood trial in June this year in Adelaide Magistrates Court, with the court told Mr Duluk allegedly slapped SA Best MLC Connie Bonaros with his right hand in the corridor as she walked towards her office.

Former Liberal MP Sam Duluk was cleared of slapping SA Best upper house member Connie Bonaros on the backside at a pre-Christmas party in 2019. Picture: NCA NewsWire / David Mariuz

Appearing again in court on Tuesday, Mr Duluk was acquitted of the charge.

Magistrate John Wells said evidence given by Ms Bonaros and Emily Bird — who was the office manager for Greens MLC Mark Parnell in 2019 — had several differences.

While the magistrate believed both women were “rational” and “honest” witnesses, he said the discrepancies did not make their evidence reliable to find the accused guilty beyond reasonable doubt.

Some of those differences included the time of the alleged slap, where it had happened, the noise, the way in which it was said to have occurred, and if the force knocked Ms Bonaros off balance.

“Ms Bird’s description is incompatible with Ms Bonaros’ evidence,” Mr Wells said.

“There is a fundamental incongruity between the two versions. That fundamental incongruity is relevant in my assessment in each witness’s reliability.

“Their accounts are believable and consistent with other evidence of the party, but each witness must cast doubt on the other. They cannot both be accurate beyond reasonable doubt.

“There is an essential uncertainty about what actually happened. I’m left with two very distinct versions of what happened.”

Mr Duluk was found not guilty of the charge on Tuesday. Picture: NCA NewsWire / David Mariuz

In the lead-up to the incident, the court was told that Mr Duluk had drunkenly encountered Ms Bonaros several times, including picking her up for a photo, hoisting up the chair she was sitting in, causing her feet to leave the ground, and throwing ice down the front of her dress.

Mr Wells said the defendant was an “unmistakeable presence” at the party who had “a clear focus” on Ms Bonaros, but his conduct towards her was “unwelcomed, uninvited” and made her feel “uncomfortable”.

“None of this conduct is illegal. All of this conduct shows you were insensitive, uncouth and disrespectful,” he told the court.

“You behaved like a drunken pest.”

After handing down his verdict, Mr Wells turned to Mr Duluk and said it was clear the reason he was standing in the dock of a criminal courtroom was because of his “excessive alcohol intake” at the event.

“I hope you have given some considerations to changing your habits,” Mr Wells said.

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

Mr Duluk made no comment to reporters as he left the court.

A photo from the night shows MPs Justin Hanson and Mr Duluk hoisting up Ms Bonaros. Picture: Supplied/SA Courts

Ms Bonaros said in a statement that the events of that evening and Mr Duluk’s conduct “still sicken” her.

“He, as the magistrate said in court today, treated me poorly and was insensitive to my discomfort that evening,” she said.

Ms Bonaros thanked her political colleagues from all sides, her family and friends, and people who provided her with support.

“I want to stress I am glad I made a police complaint about Mr Duluk ... and that police believed there was sufficient evidence to charge him,” she said.

“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 men who prey on them ... and who treat them as less than human.

“They should not let this decision dissuade them.”

While the magistrate told Mr Duluk he should apologise to Ms Bonaros, she said she did not want it.

“What I do want — and will continue to fight for — is the right of all women and girls to be safe at work, to be safe at home and to be safe on the streets,” she said.

“I want changes in the way these matters are dealt with both in parliament and in the courts. I want victims heard.

“As difficult as it has been, I will use my personal experience to fuel my fight for the changes we need.

“Because we all know – enough is enough.”

Ms Bonaros took to the witness box first in June, saying she felt uncomfortable by Mr Duluk’s conduct. Picture: NCA NewsWire / Naomi Jellicoe

Ms Bonaros took to the witness box on June 1 and told the court she felt uncomfortable by Mr Duluk’s conduct and it was unwanted.

She said she was unsure from which direction he approached her but knew it was not front on.

“It happened very suddenly … it felt like I was being swept up by one arm then whacked with the other hand … it was all in a matter of seconds,” she said

Defence counsel Marie Shaw argued that Ms Bonaros’ evidence should not be accepted beyond reasonable doubt despite acknowledging her client had “momentary contact” with Ms Bonaros’ bottom.

She suggested the touch on Ms Bonaros’ bottom was “no different” to a touch or pat on the shoulder.

“It’s simply a matter that depends on the circumstances and here … there was no swing back in terms of the hand coming back as suggested,” Ms Shaw said.

But prosecutor Anika Francis argued slapping, grabbing, pinching or touching someone on the backside was “not a normal social interaction”.

She said touching another person’s bottom was not behaviour accepted by society or something seen “outside of a sporting arena”.

The member for Waite was stood down from the Liberal Party after the allegations came to light. He has since been found not guilty of assault. Picture: Mike Burton/AAP

Mr Duluk was stood down by Premier Steven Marshall after the allegations came to light and a police investigation was launched.

He said he was “very disappointed” with Mr Duluk who did not ”come clean” about his actions.

“Sam Duluk was not up front with me from day one and we have had this drip feed of completely unacceptable behaviour by the member of Waite,” Mr Marshall said last February.

“There has to be consequences for this type of behaviour … There are standards that are acceptable and Sam Duluk has not met those.”

Mr Duluk continued to serve as the member for Waite as an independent MP.