A premier, a former MP and a case of blackmail

Perth Now

30-07-2025

The secret blackmailing of premier-in-waiting Peter Malinauskas has been revealed in an Adelaide court.
But the perpetrator - herself a former MP - was never sentenced after the charges were dropped in a deal with prosecutors.
Annabel Digance is now suing Mr Malinauskas and the state of South Australia for $2.3 million for allegedly instigating what she claims was a malicious prosecution mounted to damage her reputation.
In April 2023, prosecutors elected not to proceed with blackmail charges against Mrs Digance and her husband Greg, after they agreed to a ban on contacting Mr Malinauskas and his family.
That decision was made in a closed District Courtroom, and the details emerged for the first time during separate proceedings for Mrs Digance's lawsuit in the South Australian Supreme Court on Wednesday.
Mr Malinauskas' counsel Michael Abbott KC said when the judge in the blackmail case entered court, he thought he was undertaking a directions hearing but was then invited to proceed as a sentencing judge.
"Orders were made ... and the sentencing jurisdiction of the judge was then brought to an end by the director of public prosecutions," Mr Abbott said.
An order - known in legal circles as a nolle prosequi - was imposed "so that the sentencing judge was deprived of going any further by imposing a sentence of imprisonment, fine or bond".
Associate Justice Graham Dart on Wednesday said that "whatever else might be said, the prosecution bore fruit because Mr and Mrs Digance agreed or consented to orders being made against them".
"The orders are expressed to be for the benefit of Mr Malinauskas' protection, and then they consent to the orders."
The blackmail charges stemmed from a meeting between Mr Digance and then opposition leader Mr Malinauskas in February 2020, which was recorded by Mr Malinauskas and handed to police.
Defence documents filed by the state government say at that meeting, Mr Digance demanded Mrs Digance "be secured an upper or lower house seat in the SA parliament, and that a failure to do so would result in Mr Malinauskas' career being deliberately damaged".
In her statement of claim, Mrs Digance states Mr Malinauskas reported the meeting to police in March 2020, "claiming he was a victim of blackmail".
In her lawsuit, Mrs Digance also alleges trespass, wrongful arrest and false imprisonment by SA Police.
On Wednesday, Mr Abbott asked the court to order that the government hand over files from SA Police and the office of the Director of Public Prosecutions that explain the agreement reached for the Digances to avoid sentencing.
Associate Justice Dart said "much turns on" any agreement between the DPP and the Digances in the prior criminal proceedings.
Mr Abbott and Todd Golding, for the state government and SA police, indicated they planned to lodge applications for the lawsuit to be dismissed.
The matter returns to court on September 4.