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Finnigan’s porn search “specific”, court told

Apr 13, 2015
Former Labor MP Bernard Finnigan

Former Labor MP Bernard Finnigan

South Australian Upper House MP Bernard Finnigan entered search terms into two laptop computers that were specific, unambiguous and involved connotations of child sex, the MP’s trial has been told.

Prosecutor Mark Norman, SC, said it was alleged Finnigan entered terms and searched and viewed sites which showed a pattern of conduct that defied any suggestion that his access was accidental.

He said Finnigan spent only minutes browsing sites and moving from site to site and described his conduct as furtive rather than brazen.

But he said it would have been obvious that the many of the images on those sites were of children younger than 16 and some significantly younger than 16.

Finnigan, 42, has been charged with one count each of obtaining access to child pornography and attempting to obtain access to child pornography.

He pleaded not guilty to both counts in the South Australian District Court on Monday with defence counsel Michael Abbott, QC, telling the court an issue at the trial would be what constituted accessing child pornography.

Abbott said it would be the crown case that obtaining access to child porn meant simply going to a website that might contain such material.

He said the defence would argue that obtaining access meant actually viewing child pornography.

The court was also told that Finnigan’s trial would now hear from only one witness, a police electronic crime officer, after the defence and prosecution presented a statement of agreed facts.

Finnigan was arrested in April 2011 when he was a minister in the state Labor government.

He quit the party soon after but has continued to sit in parliament as an independent.

His trial is continuing before Judge Steve Millsteed, who is sitting without a jury.

– AAP

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