No finding of guilt in blackmail case against former MP and husband, court reveals

Australia Broadcast Center

2 days ago

A South Australian court did not find former MP Annabel Digance and her husband guilty of blackmailing Premier Peter Malinauskas, despite a previous claim by the premier's lawyer in court, a leaked email reveals.
The email — which was obtained by ABC News — further states that Chief Judge Michael Evans has proposed an open court hearing be held early next week "to hear the parties prior to having the record of the court corrected".
The email was sent by Mr Evans's acting judicial assistant on Friday afternoon to SA Director of Public Prosecutions (DPP) Martin Hinton, as well as his department and lawyers representing Mr Malinauskas and the Digances.
"There were no orders made which involved a finding of guilt against either of the defendants," the acting judicial assistant wrote.
"It has come to the attention of the Chief Judge that a part of the court record in this matter is incorrect and needs to be corrected.
Annabel and Greg Digance were charged with one count each of blackmail after they allegedly threatened to make accusations of misconduct against Mr Malinauskas in 2020.
Those charges were later dropped.
Last month, the Digances filed a $2.3 million civil lawsuit against Mr Malinauskas and the State of South Australia — claiming that both led a malicious prosecution.
Barrister Michael Abbott KC, for Mr Malinauskas, told the Supreme Court last Wednesday that the Digances had been found guilty of the blackmail charges, but they were subsequently dropped on the proviso they enter an order to leave his client alone.
"It's clear … that the sentencing Judge, who was Judge Muscat, found [them] guilty of the charge of blackmail," he said.
At the time, Supreme Court Associate Justice Graham Dart said he understood the court order could not have been imposed in the absence of a guilty finding.
He questioned the viability of Mr and Mrs Digance's civil claim and said if they'd been found guilty then the prosecution could not be classified as malicious.
According to the email sent by the acting judicial assistant on Friday, a nolle prosequi was entered by the prosecution on April 21, 2023, which brought the blackmail charge proceedings to an end.
Nolle prosequi is a legal term used to abandon legal action.
"The … orders made on that date were correctly made under the [Act]," the email states.
"There were no orders made under [section] 28 of the Sentencing Act 2017.
"The orders of the court made by the judge on 21 April 2023 are accurately reflected in the transcript of that hearing."
In statement, a spokesperson for Mr Malinauskas said: "All Peter Malinauskas has ever wanted is to be left alone by the Digances, and is therefore grateful the court saw fit to impose an … order on the Digances".
"The rest is a matter for the courts and the Digances," they said.
ABC News contacted the Digances for comment.