South Australian MP Fraser Ellis will appeal against a court ruling that his allegedly fraudulent claims were not covered by parliamentary privilege.
Magistrate Simon Smart today cancelled the Yorke Peninsula politician's trial, which was scheduled to start later this month, after he filed an appeal in the Supreme Court against an adverse ruling in the Adelaide Magistrates Court.
The Liberal-turned-independent is seeking to contest allegations he made 78 fraudulent claims for an accommodation allowance totalling more than $18,000.
He was one of two MPs charged and among several investigated for their use of the allowance by the state's Independent Commissioner Against Corruption after a series of exclusive ABC News stories.
Earlier this month, Mr Ellis applied for the prosecution to be indefinitely halted on the grounds the claims were subject to parliamentary privilege and could not be prosecuted.
The state's ICAC Act was significantly amended in November last year, after Mr Ellis was charged.
Amongst the wholesale changes, the protections of parliamentary privilege were strengthened, so that ICAC cannot exercise any powers "in relation to any matter to which parliamentary privilege applies".
Lawyers for Mr Ellis argued the protection of parliamentary privilege had come into force, when previously secret claim forms for the Country Members Accommodation Allowance were tabled by the speaker.
But Magistrate Smart dismissed the application, finding the claims were not privileged but instead tabled in parliament for transparency.
"The claim forms were plainly brought into existence solely for an administrative purpose," the magistrate wrote in his decision.
"Once tabled, the accused's claim forms, and the statements made therein were subject of no question or debate."
