No parliamentary boot yet for Bell after guilty verdict
The Malinauskas Government has stopped short of calling for Independent MP Troy Bell’s resignation from parliament after he was found guilty on theft and dishonesty charges, as the prospect of a by-election in the seat of Mount Gambier looms.
After a three-month trial and two days of deliberations, a jury on Thursday night found Bell 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 pleaded not guilty to 20 counts of theft and six counts of dishonestly dealing with documents.
Bell was found guilty of 20 counts of theft and five counts of dishonestly dealing with documents.
He was found not guilty on one charge of dishonestly dealing with documents.
The verdict raises fresh questions about Bell’s position in the parliament.
The Mount Gambier MP resigned from the Liberal Party in 2017 when the charges were first laid and faced calls at the time from the Labor Party to leave parliament altogether.
But Treasurer Stephen Mullighan today stopped short of calling for Bell’s immediate resignation following the trial result.
He also indicated that the parliament may give Bell a temporary stay of execution depending on whether he appeals the jury’s verdict.
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“Obviously this a matter that’s still before the court, there’s got to be the remainder of that process after the guilty finding,” he said today.
“Of course, it’ll be up to Mr Bell whether he wants to pursue any avenues of appeal of the finding that’s been made in the last 24 hours.
“It’s not for me to speak on behalf of what the parliament might decide to do but I think what we’ve seen with Fraser Ellis is that when a member is in this position – and they’ve indicated that they’re considering pursuing an appeal – that the House has given them time to consider that and potentially go through that process.”
Ellis, the Independent Member for the Yorke Peninsula seat of Narungga, was found guilty in the Adelaide Magistrates Court earlier this year on four counts of deception over his use of the country members’ allowance.
In August, MPs decided not to push for Ellis to vacate his seat in parliament.
Asked if Bell should have a role in parliament, Mullighan said: “The process is not yet concluded. And even when this process concludes there is the potential for a future avenue of appeal to be pursued by Mr Bell.”
“You can of course imagine the bind that the parliament would find itself in if it rushed forward to make a decision only to have Mr Bell pursue an appeal and be vindicated at the end of that process – that would be an untenable position both for Mr Bell and for the parliament,” he said.
“I don’t think the parliament is going to rush into this until at least the current process has been concluded and… we get an indication as to whether there is an avenue of appeal for Mr Bell and whether he’s going to take up that.”
Asked whether Bell should consider his position in the parliament, Mullighan said: “Of course, that’ll be a matter for Mr Bell.”
“This is obviously a really significant issue for him to consider about what this means for him… and whether the courts of course give him leave to appeal and whether he’s going to take that up,” he said.
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“So yes, this is obviously a major issue for Mr Bell and he’s got to consider his position and how he chooses to go forward, and that of course will have some guidance for the parliament in how it chooses to treat Mr Bell’s tenure as a member of the house.”
Bell did not comment outside court on Thursday. He was remanded to reappear for a directions hearing on October 15 ahead of a date being set for sentencing submissions.
Independent MP Troy Bell leaving court on Tuesday, September 24. Photo: Abe Maddison/AAP
In a statement, acting Liberal Party state director Alex Hyde said: “Mr Bell has been found guilty and is entitled to consider his rights to appeal.
“We will make no further comment until the court process is finalised.”
If Bell were to resign or the parliament forced him out, a by-election would be held for his seat of Mount Gambier.
Parliament is not due to sit again until October 15, with November believed to be the earliest a by-election could be held.
Liberal Party Upper House MLC Ben Hood, who unsuccessfully ran against Bell in 2022, is the most obvious candidate for preselection.
Liberal Party MLC Ben Hood (right) with Opposition leader Vincent Tarzia and Liberal Party Upper House leader Nicola Centofanti campaigning in Mount Gambier. Photo: Ben Hood MLC/Facebook
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 as shadow minister for infrastructure and transport.
One senior Liberal said he would be the “frontrunner” for preselection if he chose to run.
Another Liberal source said the party is “ready” in Mount Gambier and there were “multiple strong local candidates”.
Asked if Hood was the frontrunner, they said: “I think a lot of people want Ben to do it, but whether he will do it or not is a matter for him.”
Hood declined to comment on Friday.
