Annabel Digance launches $2.3m lawsuit against South Australian Premier Peter Malinauskas
The lawsuit, filed with the SA Supreme Court, alleges Mr Malinauskas conspired with the SA Police to prosecute Mrs Digance in order to crush her political future and prevent a parliamentary inquiry she supported on alleged bullying in the Labor Party.
The police arrested and charged Mr and Mrs Digance for blackmail in April 2021 for alleged conduct against Mr Malinauskas.
The conduct centred on secret recordings between Mr Malinauskas and Mr Digance in February 2020 and Mr and Mrs Digance in March 2020.
The blackmail charge was dropped in 2023 after the Digances agreed to refrain from any further contact with Mr Malinauskas.
The claim, submitted by Carroll and O'Dea Solicitors, states the arrest and prosecution caused Mrs Digance 'injury, loss, damage and harm'.
'The circumstances giving rise to the causes of action immediately caused the cancellation of Mrs Digance's employment, permanently damaged Mrs Digance's prospects of further employment, required Mrs Digance to incur substantial legal expenses in defending herself against the prosecution and required Mrs Digance to incur medical expenses,' the claim states.
The lawsuit is directed against both the premier and the South Australian police.
'The members of SA Police conducting the arrest, the search and seizure, the detention, the first bail decision and pursuing the malicious prosecution knew each action was unnecessary, unjustified, unlawful,' the claim states.
Mrs Digance is asking for $2.3m in damages.
In separate defence claims, both Mr Malinauskas and the SA Police and Prosecution deny Mrs Digance is entitled to the relief claimed and request the court dismiss her suit and cover costs of the proceedings.
Mr Malinauskas' defence statement flatly denies allegations that he 'requested' the police pursue a prosecution or that he was acting to suppress the parliamentary inquiry.
'The first respondent (Malinauskas) admits only that on or about April 9, 2021, he contacted SA Police and told them that if SA Police were of the view that a prosecution of the applicant (Digance) and or her husband was justified, he would co-operate to the extent necessary in that prosecution whenever it was to occur,' the defence claim states.
The claim submitted on behalf of the SA Police also rejects Mrs Digance's assertions.
'The investigation undertaken by SAPOL into the blackmail offence was appropriate,' the claim states.
The blackmail offence was laid based on information available to SAPOL including the complaint made by the first respondent, the recorded conversations … and other witness and documentary evidence obtained by SAPOL during the course of its investigation.
'The sole purpose for initiating and maintaining the blackmail offence was the proper invocation of the criminal law.'
The matter will be heard at the South Australian Supreme Court on Wednesday.
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