‘I did not expect the outcome’: Former Liberal MP found guilty of four charges of deception

South Australian independent MP Fraser Ellis has been found guilty of four counts of deception over his misuse of the Country Members Accommodation Allowance.

The Liberal-turned-independent was one of two MPs charged for their use of the allowance after a series of exclusive ABC News stories.

The magistrate ruled him not guilty for the remaining 19 counts of the same charge.

Speaking outside Adelaide Magistrates Court, Ellis said he did not expect the outcome and hoped to be cleared of the charges.

“I would like to have been in a position to answer your questions today. I did not expect the outcome, having sat through that trial, I showed up today and hoped to be fully acquitted,” Ellis said. 

“I need a chance to talk to my legal team, understand the judgement and just dissect the reasoning behind the magistrate’s decision so that I can make an informed decision about whether I appeal and what the next steps are.”

He said he was “extremely proud” of his record as the member for Narungga over the past six years

“Today doesn’t change that. I’m proud to stand up for my record in Narungga,” he said. 

“I will keep doing that for as long as I’m permitted by the community, and allowed to.

“I intend to continue to serve until I’m told otherwise.”

Ellis was charged with making more than $18,000 in fraudulent expenses claims in February 2021, following a probe by the Independent Commissioner Against Corruption (ICAC).

The probe was raised by a series of exclusive ABC stories that raised questions about the use of the scheme by several MPs.

The allowance is available to Members of Parliament whose usual place of residence is more than 75 kilometres from Adelaide, and who are required to stay in Adelaide overnight to attend to parliamentary duties.

Ellis was found guilty of fraudulently obtaining just under $2,800 from the allowance scheme.

Four counts of deception

In his written verdict, Magistrate Simon Smart said he was satisfied beyond reasonable doubt that, on four of the charges, Ellis “intentionally misrepresented” that he had stayed in Adelaide when he was instead on the Yorke Peninsula.

In November 2018 Ellis dishonestly benefited $690 from the allowance, which included a claim that he had stayed in Adelaide on the night of a friend’s wedding.

“I consider it extremely unlikely that following such an unusual event the defendant would overlook or be mistaken as to his movements following the event,” Magistrate Smart said.

“I am satisfied that he intentionally made a false representation that he had been in Adelaide and thereby obtained a benefit dishonestly.”

Magistrate Smart said a $1,170 claim was made by Ellis in May 2020 when there was “no basis for any mistaken belief” and when the events “would have been fresh in the defendant’s memory”.

The remaining two counts relate to two separate claims of $468 in August 2019 and January 2020.

Ellis’ defence lawyer Scott Henchcliffe had argued during the trial that while mistakes were made and there were inaccuracies, it did not mean that his client had been dishonest.

Magistrate Smart said in many instances the forms lodged by Ellis contained “obvious errors” but concluded that they were often consistent with “complacency and a lack of care” rather than guilty intent.

“The whole of the evidence therefore tends to support an explanation consistent with innocence,” he said.

“When trying to reconstruct his movements, the defendant did not have an invariable habit to call upon and could have made mistakes when relying solely on his memory and his diary.

“These facts speak against any underlying fraudulent plan.”

Ellis will return to court for sentencing submissions in September.