However, to date only two MPs – then-Liberal backbencher Fraser Ellis and Mount Gambier independent Troy Bell – have been charged over alleged misuse of their allowance claims.
In September, Independent Commissioner Against Corruption Ann Vanstone revealed she had handed briefs of evidence concerning two further MPs to the Director of Public Prosecutions for evaluation.
Premier Steven Marshall this morning revealed he had been made aware DPP Martin Hinton QC would not pursue charges against Stephens.
“I haven’t got the full details… at the moment, I just had a heads up from Terry Stephens that he’d been contacted… with that information so look I’m sure that’s a huge relief,” Marshall told reporters.
“This has been quite a saga – it’s been a huge pressure on Terry Stephens and in particular on his family.
“I’m sure he’ll be very relieved that this is no longer under consideration. He can just get on with continuing to deliver in the South Australian Parliament.”
Contacted by today, Stephens declined to comment, but indicated he would make a statement to parliament when the Upper House resumes sitting this afternoon.
Marshall said that the case having been referred to the DPP, “my understanding now is that the DPP will not be proceeding with those charges or that court proceeding that had been anticipated”.
“I think ICAC had contacted Terry with regards to that DPP (decision) so it’s up to them whether they make that advice to Terry public,” he said.
An ICAC spokesperson told : “I can confirm that the Country Members Accommodation Allowance investigations have concluded.”
“As for whether or not the DPP have determined to prosecute Mr Stephens, that is a question you will need to put to the Director,” they said.
The DPP’s office said in a statement: “The Director confirms that, after the conduct of a thorough and proper investigation, the ODPP received a brief of evidence from the ICAC concerning the Hon Terry Stephens MLC and claims made by him for certain allowances as a Member of Parliament.”
“That brief was vetted by lawyers within the ODPP in addition to an opinion being obtained from external counsel,” the xjmtzywstatement said.
“It has been determined, in accordance with the ODPP Guidelines, that any prosecution arising from the brief would not have reasonable prospects of success.
“Accordingly, no charges will be laid.”
Asked whether Stephens would get his job back – with his replacement John Dawkins set to retire at next month’s election – Marshall said it was “a matter for the Legislative Council”.
“It’s not a Government decision – the president of the Legislative Council and the Speaker of the House of Assembly are voted on by members of those two chambers, so that will be something completely up to the chamber,” he said.
