Disgraced MP Fraser Ellis avoids jail for misusing parliamentary allowance

Former South Australian MP Fraser Ellis has avoided jail for deliberately misusing a parliamentary allowance, but maintains his actions showed a "casualness" or "recklessness" and "certainly not criminality".

The former member for Narungga on the Yorke Peninsula appeared in the Adelaide Magistrates Court today, where he was convicted for seven counts of deception and handed a 10-month jail term that was suspended on condition he sign a 12-month good-behaviour bond.

Misuse of Country Members Allowance

In sentencing, Magistrate Simon Smart said Ellis had misused the Country Members Allowance — an accommodation fund used by regional MPs who are required to travel for parliamentary duties.

"Your claims … were not mistakes but deliberate falsehoods," he said.

Mr Smart said the father-of-two "fraudulently received" $4,676 in dishonest claims relating to 20 nights between December 5, 2018, and May 1, 2020, and noted the money had been repaid.

He said Ellis's offending "involved gross breaches of trust".

"You were a public official. These were public monies, if you like, money of the people of South Australia," he said.

"There is a general public expectation public officials will act with probity and honesty, particularly as [it] concerns public monies, and will be held accountable should they not do so."

Ellis's Defence

During sentencing submissions earlier this month, Ellis's lawyer, Scott Henchliffe KC, said his client's actions were of a "haphazard nature" and not part of an orchestrated plan.

Reading from his handwritten remarks, Mr Smart said that since Ellis lost his seat at the March state election, the former MP — who studied journalism and law at university — had applied for other jobs without success and now works for his father in a casual role.

As he imposed the good behaviour bond, Mr Smart noted Ellis was still a young man, had no prior convictions, had not offended since his arrest and had family responsibilities.

Ellis's Reaction

After signing his good-behaviour bond, Ellis exited the court and said he was "grateful" the "incredibly draining" six-and-a-half-year legal proceedings were over, but said he continued to "disagree with the court".

"I don't believe that my actions arose to a level of criminality," he said.

"I believe it was a casualness with my paperwork that I could plead guilty with in a heartbeat, but I do not believe that I acted in a criminal manner."

"Evidence of that, which has not been talked about much in court, was the fact that while I was found guilty of 20 nights, there were a further 19 where the phone data showed I was in Adelaide and did not lay a claim."

"That, to me, shows a casualness — a recklessness perhaps — but certainly not criminality."

Ellis said he took responsibility for that casualness and accepted the punishment he had been given.

"I am looking forward to moving on with my life, however that may be, and whenever that may come around," he said.

"It's been a long six-and-a-half-years and for the time being we're going to go have a beer and celebrate the end of these proceedings."