South Australian MP Sam Duluk "behaved like a drunken pest" but has been acquitted of assault after allegedly slapping a fellow MP on the bottom at a parliament house Christmas party.
The accusation stemmed from Mr Duluk's conduct towards SA-BEST upper house MP Connie Bonaros at the celebrations in December 2019.
He pleaded not guilty to the charge at a hearing earlier this year with magistrate John Wells on Tuesday ruling that the allegations had not been proved beyond reasonable doubt.
Mr Wells said the two versions of what happened at the party, one from Ms Bonaros and one from another woman who saw the incident, could not be reconciled, despite both being credible and honest witnesses.
"Neither version can be renounced. Both versions are separately credible but jointly unreliable," Mr Wells said.
"It follows that I must acquit the accused."
However, the magistrate criticised Mr Duluk's behaviour towards Ms Bonaros, including his attempts to put ice down her dress and lifting her up as she sat in a chair.
"None of this conduct is illegal," the magistrate said.
"All of this conduct shows you were insensitive, uncouth and disrespectful.
"You behaved like a drunken pest."
In her evidence, Ms Bonaros said the lower house MP had approached her from the side or from behind and had "proceeded to put his arm around me and whack me on the bottom".
"My next instinct after he did what he did was first to find my feet and then to tell Mr Duluk to sit the f*** down," she said.
Mr Wells said Ms Bonaros showed grace, poise and courage during her testimony and he regarded her evidence as composed, confident and clear.
However, a witness to the incident, Emily Bird, described the slap as a pat, indicating that Mr Duluk had not swung his arm before making contact.
The magistrate said Ms Bird was also an honest witness who was calm and unhurried.
He said he could not find anything that undermined her credibility.
After delivering his verdict, Mr Wells told Mr Duluk his conduct showed he was substantially affected by alcohol.
"I'm sure it has not escaped your attention that part of the reason you are now standing in the dock of a criminal court is because of your excessive alcohol intake," he said.
"I hope you have reflected on that and I hope you have given some consideration to changing your habits."
He also told the MP his behaviour to Ms Bonaros was rude, unpleasant, insensitive and disrespectful.
"You owe her an apology," Mr Wells said.
Mr Duluk offered no comment on his acquittal as he left the court but in a later statement said he was grateful for the opportunity to clear his name.
"In reflecting on the magistrate's remarks, I reiterate the personal apology I conveyed to Ms Bonaros after the event," he said.
"Whilst the last 20 months have been challenging, and a period of deep personal reflection, I am dedicated to continuing to serve the people of Waite."
Mr Duluk was banished from the Liberal party room over his alleged behaviour and suspended his wider Liberal Party membership.
But a parliamentary inquiry launched into his conduct was put on hold while the police investigations were underway.
He has continued to sit in parliament's House of Assembly as an independent.
