Court's stunning apology to South Australian MP over blackmail charges

News.com.au

7 hours ago

A South Australian court has apologised for a system error which logged a guilty finding against an ex-MP who was accused of blackmailing Premier Peter Malinauskas.
Annabel Digance is suing Mr Malinauskas for damages, claiming he orchestrated a 'malicious prosecution' against her to further his own political ambitions and crush a parliamentary inquiry into alleged bullying in the Labor Party.
During a hearing in the South Australian Supreme Court in late July, Justice Graham Dart told the court that Ms Digance and her husband Greg had been found guilty of blackmailing Mr Malinauskas.
The court was told their charges were later dropped, according to court records.
Ms Digance and her husband Greg were charged with blackmailing Mr Malinauskas in 2021.
The SA Courts Administration Authority (CAA) said in a statement on Tuesday that neither Ms or Mr Digance had been found guilty.
The court said that in April 2023 a nolle prosequi order was made, meaning the prosecution was abandoned.
'There were no orders made which involved a finding of guilt against either of the defendants,' the court said in a statement.
The court said that a document which stated that a finding of guilt had been made was 'generated in error and is incorrect'.
'The CAA unreservedly apologises to the parties for this error,' the court said in a statement.
'The CAA will review all court matters with orders made in the same circumstances to ensure that court records are accurate.
'The CAA will also commission an external assurance review into this matter.'
In Ms Digance's statement of claim in her civil lawsuit, she argued that her arrest and prosecution caused 'injury, loss, damage and harm' and that Mr Malinauskas conspired with the SA Police to pursue her.
She is suing both the premier and the State of South Australia and is seeking $2.3m in damages.
The matter is scheduled to return to court in September.