Lawyer for Deputy Premier Vickie Chapman says there is ‘no reliable evidence’ she had a conflict of interest in refusing Kangaroo Island seaport proposal

A senior lawyer acting for Vickie Chapman has argued there is “no reliable evidence” she had a conflict of interest when rejecting a Kangaroo Island seaport proposal.

There is “no reliable evidence” that Deputy Premier Vickie Chapman had a conflict of interest – actual or perceived – when she rejected a proposal to build a seaport near a property she owns on Kangaroo Island, her lawyer has argued.

Frances Nelson QC, for Ms Chapman, also declared any adverse finding against her client would be “of no value” and “tainted” because Labor MP Tom Koutsantonis failed to recuse himself from a parliamentary committee investigating the decision “in circumstances where he has exhibited prejudgement”.

In submissions filed to the committee, Ms Nelson said Ms Chapman’s refusal was demonstrably based on a recommendation that provisional approval should only be granted subject to further work that was required and conditions that should be imposed on the development.

“Absent these conditions and an ability to monitor them, ultimate approval would not be given,” Ms Nelson said.

“There is no reliable evidence that the minister had either a conflict of interest or a perceived conflict of interest.”

Ms Nelson went on to say Ms Chapman, who is also the planning minister, had neither misled the parliament, nor breached the ministerial code of conduct.

Deputy Premier Vickie Chapman during question time on Tuesday. Picture: NCA NewsWire/Brenton Edwards

The escalating saga dominated parliamentary question time on Tuesday, with Opposition Leader Peter Malinauskas forced to apologise for urging Ms Chapman to “stop lying”.

In a sign of inflamed tensions, he then pointedly declared: “That’s what honourable and dignified actions look like.”

A no-confidence motion against Ms Chapman is expected to be driven by Labor and crossbenchers on Thursday and is likely to pass.

There is speculation that at least one Liberal backbencher will abstain – Nick McBride and Steve Murray have been mentioned – while former Liberal Fraser Ellis is expected to back the government.

Premier Steven Marshall has vowed not to sack Ms Chapman even if the lower house passes the no-confidence motion, saying former Labor premier Jay Weatherill did not sack then water minister Ian Hunter even after the upper house passed three separate no-confidence motions against him.

This creates the prospect of the lower house petitioning Governor Frances Adamson to fire Ms Chapman, although she is obliged to act on the Premier’s advice.

The select committee met on Tuesday to consider the report from Dr Rachael Gray QC, which found Ms Chapman was in a position of “actual conflict” in refusing the Kangaroo Island Plantation Timbers proposal to build a seaport at Smith Bay.

Dr Gray also recommended that the matter be referred to the State Ombudsman for further investigation.

The committee is expected to meet again on Wednesday to consider Ms Chapman’s submission, ahead of delivering a report to the lower house on Thursday.

This is expected to be noted by the house before the no-confidence motion is proposed.

It is not yet known whether a minority, or dissenting, report will be filed by the two Liberal committee members, Colton MP Matt Cowdrey and Flinders MP Peter Treloar.

Mr Treloar is absent from parliament this week for family reasons but Labor has agreed to a parliamentary pair, so any no-confidence vote will not be affected.

Originally published as Lawyer for Deputy Premier Vickie Chapman says there is ‘no reliable evidence’ she had a conflict of interest in refusing Kangaroo Island seaport proposal