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South Australia's Top Court Dismisses Annabel Digance's $2.3 Million Suit Against Premier

The ruling turned on the finding that prosecutors, not the premier, controlled the case.

Overview

  • Auxiliary Justice Graham Dart found no reasonable basis for claims of misfeasance in public office or malicious prosecution.
  • The judgment held that SAPOL decided to charge and the DPP decided to continue the case, so Peter Malinauskas was not a prosecutor.
  • The court said the underlying blackmail proceedings ended by negotiated agreement that included a non‑contact order rather than a finding of no reasonable prospect of conviction.
  • Annabel Digance will appeal the decision, and a directions hearing on consequential orders is scheduled for March 16.
  • Malinauskas welcomed the outcome, saying it validated his decision to report the 2020 conduct to police.