Independent MP Troy Bell to appeal guilty verdict
UPDATED | Mount Gambier MP Troy Bell says he will appeal a jury verdict that found him guilty of theft and dishonesty, after the Malinauskas Government threatened to expel him from parliament if he did not do so.
Bell made the announcement just after 12.30pm today, in his first public statement since the District Court last Thursday found him guilty of stealing more than $436,000 from an educational not-for-profit between 2009 and 2013.
Bell, the Member for Mount Gambier since 2014, had not commented since the jury found him guilty on 20 counts of theft and five counts of dishonestly dealing with documents.
He was found not guilty on one count of dishonestly dealing with documents.
In today’s statement, Bell said: “On Thursday, 26 September 2024, after a four-month trial, I was found guilty by a jury in the District Court of South Australia.
“In the days since the verdict, I have taken time to reflect, be with my family, and seek legal counsel on the best course of action.
“These past few days have been incredibly difficult for my family and myself as we come to terms with the jury’s decision.
“After reflection, I am now ready to make a public statement. Based on the legal advice I have received, I have instructed my legal team to proceed with filing an appeal.”
Bell, who pleaded not guilty to all 26 charges, is yet to be convicted but will reappear before the District Court on October 15 ahead of a date being set for sentencing submissions.
Bell said that his matter remains before the court both for sentencing and the appeal and he “cannot, and will not, make any further comment on the facts of the case, any aspect of the Trial, or indeed in respect of this matter generally”.
“I wish to publicly state my understanding and respect for the very difficult job the Jury were required to do,” he said.
He also indicated his intention to stay on as the Member for Mount Gambier amid questions about his parliamentary future.
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“As the Member for Mount Gambier there is still important work to be done in shaping our community’s vision for the future,” he said.
“This has culminated in the ‘Future Mount Gambier 2.0’ document which is nearing completion.
“It is my intention to finish this work to ensure that our community is in the best possible position to articulate our future needs ahead of the next State Election.
“My office remains open as usual for all constituent enquiries.
“In that regard I wish to publicly record my gratitude to my community for the support they have provided me at this very difficult time.”
Bell’s statement came shortly after the Malinauskas Government said it would move to expel him from parliament unless he appealed his guilty verdict within 16 days.
The verdict raised immediate questions about Bell’s future as an MP given theft has a maximum sentence of 10 years in prison. An aggravated dishonestly dealing with documents charge also has a 15-year maximum prison sentence.
Under the state’s Constitution Act, the parliament can remove an MP from office if they are convicted of an indictable offence.
This morning, Leader of Government Business Tom Koutsantonis said the government would act to remove Bell as an MP unless he appealed the guilty verdict by Thursday, October 17. Parliament is not due to sit again until October 15.
After Bell announced his appeal, Koutsantonis said the government would no longer move the expulsion motion and argued that Bell is “entitled to exercise his legal rights on this matter”.
“This is a difficult question for the government because the expulsion from parliament is an irreversible decision [but] the finding of guilt by the court can be reversed on appeal,” Koutsantonis told reporters this afternoon.
“So, the scenario here is that we expel him from parliament, he’s successful, and the mandate of the people of Mount Gambier has been disenfranchised by the parliament despite him potentially being found not guilty on appeal.
“Had he not made that appeal, we would have expelled him from the parliament.”
Koutsantonis stopped short of calling on Bell to resign and said suspending him from parliament “wouldn’t stop him getting paid” and would “deny his constituents representation”.
“I think the public expect government to allow these appeals to be heard before the government acts,” he said
The government can expel Bell by a majority vote in the Lower House and does not need the Opposition’s votes.
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Asked about the government’s position, Opposition leader Vincent Tarzia said: “It is in the interest of the people of Mount Gambier that this matter be resolved as soon as possible.”
“While I respect the legal process, the people of Mount Gambier deserve representation,” he said in a statement.
Bell resigned from the Liberal Party in 2017 when the charges, which stemmed from an Independent Commission Against Corruption Investigation (ICAC), were first laid.
His guilty verdict followed a legal process that dragged on for more than seven years amid questions over ICAC’s conduct during the investigation and attempts by Bell’s lawyers to prevent the case going ahead.
The case has also brought renewed attention to the controversial changes to the ICAC Act that passed parliament swiftly and unanimously in 2021.
One element of the changes meant any member of parliament, minister, government employee or board appointee can have “reasonable” legal costs reimbursed if they have not been convicted of an indictable offence that constitutes corruption in public administration.
The clause means an MP investigated by ICAC for theft or dishonestly dealing with documents is entitled to have their legal fees reimbursed by the taxpayer regardless of whether they are convicted.
It’s still not clear whether Bell will apply for reimbursement for his existing legal case or his appeal.
Premier Peter Malinauskas said on Monday morning that Bell has not at this stage applied for reimbursement and the government would “seek advice” if he did.
Former ICAC Ann Vanstone has previously said that the government does not have discretion over whether an MP can receive taxpayer reimbursement.
Asked on ABC Radio Adelaide about Vanstone’s position, Malinauskas said: “I’m not too sure that that’s the same interpretation that everyone else has, but that’s not to say that she’s not right.”
“That also speaks to one of the areas where the government will take advice on the potential for legislative change,” he said.
Koutsantonis later today said the Premier had sought advice about the reimbursement matter.
Asked whether it would be a good outcome for Bell to be reimbursed by taxpayers, Koutsantonis said: “That’s something the Premier is reviewing now as we speak.”
“He’s sought advice, that advice has not yet returned, so the Premier will have more to say about that with the Attorney-General soon,” he said.
If Bell was expelled from parliament on October 17, it would trigger a by-election in Mount Gambier – likely around late November.
The Liberal Party will be heavily favoured to win back the seat, barring a high-profile independent challenge.
Liberal Party Upper House MLC Ben Hood, who unsuccessfully ran against Bell in 2022, is the most obvious candidate for preselection.
The senior Right faction figure is based in the South East and was recently elevated to a high-profile role on the Liberal Party frontbench. He also led a conservative charge last week for reforms to late-term abortion.
