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AAP
AAP
National
Abe Maddison

Ex-MP sues premier for $2.3m over blackmail case

Annabel Digance is seeking $2.3 million damages from Peter Malinauskas and the SA government. (Morgan Sette/AAP PHOTOS)

A state premier is being sued for $2.3 million by a former MP previously charged with attempting to blackmail him.

Annabel Digance has filed documents in the South Australian Supreme Court against Premier Peter Malinauskas and the state government, alleging he maliciously prosecuted her in a bid to damage her reputation.

He was motivated by "his own personal and political advantage", the documents say.

SA Premier Peter Malinauskas (file)
Peter Malinauskas is accused of maliciously prosecuting an ex-MP in a bid to damage her reputation. (Matt Turner/AAP PHOTOS)

Mrs Digance also alleges trespass, wrongful arrest and false imprisonment by SA Police, and is seeking damages of $2.3 million. 

Mrs Digance, who lost the seat of Elder at the 2018 state election, alleges Mr Malinauskas had a meeting with her husband Greg Digance in November 2019 and the then-opposition leader proposed arrangements to "further her personal and political career".

At a meeting at a cafe in February 2020, Mr Malinauskas unlawfully recorded a conversation with Mr Digance, the documents allege. 

Defence documents filed by the state government say at that meeting, Mr Digance demanded Mrs Digance "be secured an upper or lower house seat in the SA parliament, and that a failure to do so would result in Mr Malinauskas' career being deliberately damaged".

In her statement of claim,  Mrs Digance states that Mr Malinauskas reported the meeting to police in March 2020, "claiming he was a victim of blackmail".

During a subsequent SA police undercover operation, recording devices were used when Mr Malinauskas "attempted to extract incriminating statements from Mrs Digance". 

Greg Digance and Annabel Digance (file)
Greg Digance demanded his wife "be secured an upper or lower house seat", defence documents say. (Morgan Sette/AAP PHOTOS)

In December 2020, Mr Malinauskas told police he did not want the investigation to proceed until after the 2022 state election and the investigation was suspended, Mrs Digance alleges.

In March 2021, Mr Malinauskas wanted to stop a parliamentary inquiry into bullying and sexual harassment, which Mrs Digance had supported, the statement of claim says.

She alleges he opposed it because it would expose potentially embarrassing facts and "damage him personally and politically". 

In April, 2021, Mr Malinauskas requested that Mrs Digance be prosecuted, the statement of claim says, and on April 14 Mrs Digance was arrested and taken into custody.

Both she and her husband were charged with blackmail. 

Mr Malinauskas made a media statement on April 15, 2021 "using the arrest of Mrs Digance as a basis to terminate or suspend the parliamentary inquiry", Mrs Digance alleges.

Premier Peter Malinauskas (file)
"All I have ever wanted is for the Digances to leave me alone," Peter Malinauskas said. (Hilary Wardaugh/AAP PHOTOS)

In April 2023, prosecutors elected not to proceed with the blackmail charges laid against the Digances, after they agreed to a ban on contacting Mr Malinauskas and his family.

In defence documents, Mr Malinauskas and the state government deny the allegations and seek to have the claim dismissed.

In a statement to AAP, Mr Malinauskas said it was "not surprising the Digances have chosen to take this course of action, considering their previous behaviour".

"All I have ever wanted is for the Digances to leave me alone," he said.

"The Digances won't distract me from delivering for the people of South Australia."

The matter will be heard in the Supreme Court on Wednesday.

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