LABOR MP ON CHILD PORN CHARGES

The former Leader of the SA Labor Government in the Upper House appeared  in court on chilld porn charges this week. Magistrate, Simon Smart, will decide on Monday if he has a case to answer on a string of charges

The MP, Bernard Finnigen, a Former Police Minister has been charged with 14 offences relating to taking steps to access child pornography between August 2010 and April 2011.

Finnigen, a devout Catholic and claiming to represent Christ's teachings, was tipped to land the Premier's job prior to being arrested with alleged kiddie porn material.

In the Adelaide Magistrates Court on Friday, defence counsel Michael Abbott, QC, argued the MP had no case to answer in relation to the seven aggravated offences which alleged the victims were aged under 14 at the time.

Mr Abbott said it could not be established by the prosecution that there were victims or what their ages were at the time of the alleged offences.

"If you have no victim, you have no aggravated offence. Our argument is as simple as that," Mr Abbott told the court.

"It's not enough to say, we've got pictures or websites or whatever."

But prosecutor Elizabeth Griffith argued that the allegation of "taking steps" to obtain child pornography was not defined by any result at all.

She conceded that there were no identifiable victims in the traditional sense, but said higher courts had repeatedly referred to victims of child pornography as being the children depicted in the photos.

If Magistrate Smart rules in favour of the MP the court will then be asked to stay the remaining seven counts which are simple offences that can be dealt with by a magistrate.

In Finnigan's maiden speech in 2006, he paid tribute to his parents for his Catholic faith. "I would like to acknowledge that, despite my stumbles along the way and however imperfect my efforts, I am a servant of Christ and subject of His reign in history," he said.

The Labor MP was in court for Friday's hearing and has continued to sit in parliament as a prolonged absence requires loss of salary and perks.

There is a Suppression Order on his name.