The Director of Public Prosecutions (DPP) has laid fresh pornography charges against South Australian MP Bernard Finnigan.
The former Labor government minister, now a crossbencher in the state Upper House, recently was committed to stand trial on one child pornography charge, after others against him were thrown out of court.
The DPP has replaced the court file with two charges, one an aggravated count of obtaining access to child pornography and another count of taking a step towards obtaining access to child pornography.
Finnigan's lawyer Michael Abbott QC told the Adelaide District Court he had filed an application to have the proceedings against the MP permanently stayed.
The application, which has been obtained by the ABC, seeks the stay on the grounds that prosecutors cannot prove vital elements of the offences and that they amount to an abuse of process.
The document states the prosecution case is "foredoomed to fail" because it cannot be proved the alleged victim in the first charge was under the age of 14 at the time of the offence.
It is also argued the steps Finnigan allegedly took to obtain access to the material in the second count would not have led to child pornography.
Finnigan is also seeking a trial by judge alone and Mr Abbott has applied for extra time to elect a trial without a jury, if the stay application is unsuccessful.
Judge Paul Cuthbertson adjourned the case for a directions hearing next month, which will be closed proceedings.
Finnigan, 40, did not respond to reporters' questions as he left court.
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