A South Australian independent MP facing deception charges has lost a bid to halt the proceedings with a court rejecting his argument parliamentary privilege protected documents key to the case.
Former Liberal Fraser Ellis, who now sits on the crossbench in parliament, faced Adelaide Magistrates Court on Wednesday charged with 23 counts of making fraudulent claims for a parliamentary allowance.
The charges against Ellis arose from an investigation by the Independent Commission Against Corruption.
He previously argued that the forms used to claim the allowance had been tabled in parliament and were subject to debate, which rendered them protected by privilege and unable to be tendered in court.
But magistrate Simon Smart said he was not persuaded by the argument, ruling that the claim forms were plainly brought into existence solely for an administrative purpose.
"There was obviously never any intention on the author's part that the statements should be laid before the house," Mr Smart said in his reasons.
"It is not sensible to suggest, in my view, that the assertions made in the claim forms have been incorporated into the business of parliament so that to challenge their content would impinge on the right of freedom of speech in parliament.
"The claim forms never formed any part of any speech made by or on behalf of the accused in the course of parliamentary debate, nor formed any intended submission to parliament."
Mr Smart's decision clears the way for Ellis to stand trial, though it could be the subject of an appeal.
After an earlier court appearance, Ellis vowed to defend the allegations and said he was "innocent until proven guilty".
"I'm certainly intending to clear my name in the fullness of time," he told reporters.
He is accused of making more than $18,000 in fraudulent claims for the country members' accommodation allowance, between May 13, 2018 and June 12, 2020.
It's alleged he claimed accommodation expenses for staying in Adelaide overnight to carry out his parliamentary duties when he was not actually staying in the city.
The charges prompted him to move to the crossbench in the SA House of Assembly where he was elected as the Liberal member for Narungga in 2018.
He was easily returned for another four-year term at the March state election after contesting the seat as an independent.
