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DPP will not proceed with charges against SA Liberal MP Terry Stephens, Premier says

Terry Stephens tells parliament he has always maintained his innocence.

Prosecutors have decided not to pursue criminal charges against South Australian Liberal MP Terry Stephens, despite a months-long ICAC investigation into his use of parliamentary allowances.

Mr Stephens was one of several MPs who came under the scrutiny of the Independent Commissioner Against Corruption (ICAC) after an ABC investigation raised questions about his eligibility to claim hundreds of thousands of dollars in accommodation allowances payable to country MPs who are required to stay overnight in Adelaide while on official business.

Two fellow MPs, Fraser Ellis and Troy Bell, have been charged with dishonestly claiming tens of thousands they were not entitled to.

However, Premier Steven Marshall said Mr Stephens had told him that the Director of Public Prosecutions (DPP) would not be pursuing charges against him.

"I'm sure that's a huge relief. This has been quite a saga," Mr Marshall said this morning.

"It's been a huge pressure on Terry Stephens and in particular on his family and I'm sure he'll be very relieved this is no longer under consideration.

"He can just get on with continuing to deliver in the South Australian Parliament."

It is an offence to disclose someone has been the subject of an ICAC investigation without authorisation.

The ABC has previously been authorised to report that Mr Stephens was being investigated.

Terry Stephens says he lives in Victor Harbor, on South Australia's south coast. (ABC News: Simon Goodes)

In a statement, DPP Martin Hinton QC confirmed his office had received a brief of evidence from the ICAC concerning Mr Stephens's allowance claims.

"That brief was vetted by lawyers within the ODPP [Office of the Director of Public Prosecutions] in addition to an opinion being obtained from external counsel," the statement said.

"It has been determined, in accordance with the ODPP guidelines, that any prosecution arising from the brief would not have reasonable prospects of success. Accordingly, no charges will be laid."

Stephens resigned amid ABC probe

The ABC's stories, first published in 2020, revealed that Mr Stephens had been spending significant time at his city residence, despite claiming the allowance for living at Victor Harbor. 

The stories revealed Mr Stephens had not been levied land tax at his city residence and had registered his businesses there.

The logbook from Mr Stephens's chauffeur-driven car indicated no evidence of trips to his Victor Harbor home

The MP later admitted to using the wrong address when he nominated for the 2018 state election.

Mr Stephens has consistently denied any wrongdoing, but resigned as president of the Legislative Council while under ICAC investigation.

Terry Stephens said current commissioner Ann Vanstone told him that charges would not be pursued. (ABC News: Michael Clements)

He resumed that seat overseeing the chamber this afternoon, selected by his colleagues to act as deputy president, while the current president John Dawkins is in quarantine.

Mr Stephens told parliament that the current ICAC, Ann Vanstone QC, had informed him last Wednesday that charges would not be pursued.

"From my perspective the matter is now at an end," he said.

"Now is the time for my family and I to move on with our lives.

"I will not be making further comment and have nothing to add.

"I thank the many members of this council who know me well for their support."

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