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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2024-10-15 Daily Xml
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Member for Mount Gambier, Speaker's Statement

The SPEAKER (11:02): I have been advised by the Director of Public Prosecutions that, on 26 September 2024, Mr Troy Bell was found guilty of 20 counts of theft, contrary to section 134(1) of the Criminal Law Consolidation Act 1935, and five counts of aggravated dishonest dealings with documents, contrary to section 140 of the same act. Mr Bell is yet to be sentenced for this offending.

Each of the 25 counts of which Mr Bell was found guilty were indictable offences within the meaning of section 5 of the Criminal Procedures Act 1921. I have also been informed by the Director of Public Prosecutions that a notice of appeal was served on his office by Mr Bell. Section 31 of the Constitution Act 1934 provides for the vacation of a seat in the House of Assembly in the event that the member is convicted of an indictable offence.

I have also communicated with Mr Bell, inviting him to provide me with any information that he wishes the house to consider in determining the question of the vacancy of his seat. I now table correspondence I received from Mr Bell via his lawyers, Patsouris and Associates, dated 14 October 2024; copies of correspondence I received from the Director of Public Prosecutions dated 9 October 2024 which included a copy of the information and related record of outcome and notice of appeal and dated 15 October 2024 advising of the nature of the offences of which Mr Bell was found guilty; and the letter I sent to Mr Bell dated 10 October 2024.

It is now open to the house to consider the question of the vacancy of Mr Bell's seat as arising by operation of section 31 of the Constitution Act 1934.

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