A "shameful" former WA politician has been given a 10-month suspended jail term and fined $20,000 for hindering a corruption investigation, which found he had improperly used taxpayer funds to pay for personal expenses, including visits to a strip club and Japanese bath house.
Brian Ellis, a member of Western Australia's Legislative Council for a decade, pleaded guilty to two charges arising from the secret 2019 Corruption and Crime Commission (CCC) investigation into the misuse of electoral allowances.
Ellis admitted he lied when he testified under oath to the CCC that he had thrown his old phone into a bin at a northern suburbs shopping centre.
However, Ellis did not dispose of the phone until about a week later, when he said he threw it into the ocean, preventing the CCC from getting access to its data, which could have been relevant to its investigation.
Ellis used encrypted messaging app on phone
The Perth Magistrates Court was told Ellis had used the encrypted messaging service Signal on the phone to communicate with two Liberal colleagues including Phil Edman, who the CCC also found misused his electoral allowances by spending it on travel, berthing fees for his yacht and paying women for sex.
Today Magistrate Catherine Crawford said Ellis had shown forethought in what he had done and had taken deliberate steps to put his phone out of the reach of the CCC.
She accepted that he was remorseful, but noted that for 10 years, Ellis held the "privileged position" of being a member of parliament and "a law maker".
"That is both a privilege and an onerous responsibility," Ms Crawford said.
However, she said Ellis was unlikely to ever be in that position again and had admitted his wrongdoing at an early stage.
"Notwithstanding the shameful behaviour of a man of mature age, to whom life in many ways has shown good fortune, he has otherwise worked in the service of the community," Ms Crawford said
For the two offences, the Magistrate imposed a suspended 10-month jail term and a fine of $10,000 on each count.
Ellis made no comment as he left court.