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Finnigan found guilty of accessing child pornography

UPDATED: Former Labor minister and serving Legislative Councillor Bernard Finnigan has been found guilty of obtaining access to child pornography.

Nov 10, 2015, updated Nov 10, 2015
Finnigan arriving for an earlier hearing at the Adelaide Magistrates Court.

Finnigan arriving for an earlier hearing at the Adelaide Magistrates Court.

He was found not guilty of a second count of attempting to obtain access to child pornography.

However, he remains a Member of State Parliament for now, after his lawyer successfully moved that no conviction be recorded until sentencing submissions are heard on November 30.

Judge Steven Millsteed told the public gallery to maintain “decorum” when he delivered his verdict, warning that any offenders would be removed. The trial was held before judge alone.

Finnigan was first arrested in April 2011, forcing his resignation as Industrial Relations Minister. He was also acting Police Minister at the time. He has since served as an independent, frequently voting with the Government on legislation.

A suppression order on search terms Finnigan allegedly used on his computer remains in place.

Attorney-General John Rau said the finding of guilt was something “most South Australians would regard as a serious matter…and they would expect Mr Finnigan would not continue to serve in the Legislative Council”.

“How the matter unfolds from here will ultimately be determined by the Legislative Council itself,” he said.

“I expect when they convene next Tuesday, this will be a matter they deal with quite urgently.”

He said he believed it was a matter for contention whether a finding of guilt, albeit without a conviction recorded, was enough to disqualify Finnigan from remaining in parliament under law.

“He’s been nothing to do with the Labor Party for some time,” Rau said.

“I think most South Australians would think…a finding of guilt is not compatible with the person continuing to serve in parliament.”

Finnigan later released a statement through his lawyer, saying he would “take time over coming days to give careful consideration to his Honour’s judgement”.

“It is my intention to absent myself from further sittings of the Legislative Council pending sentencing and a decision as to whether to appeal,” he said.

“In the circumstances, it is not appropriate that I make any further public comment at this time.”

Finnigan remained silent before, during and immediately after the court proceedings, as he has done on most occasions at court since his arrest.

He appeared pale but impassive, leaving the Samuel Way building with his legal team to howls of protest from a small gaggle of child protection advocates. One walked for two blocks with him and his entourage – flanked by a media scrum – and shouted abuse, to which Finnigan did not respond.

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