An Adelaide nightclub has posted and deleted a video it alleges shows a COVID-positive teenager partying and looking at his phone while at the venue.
Ralph James Mackenzie MacIntosh claimed he did not see a message from SA Health informing him of his positive COVID test result on the night of December 17, when he went clubbing at Loverboy in Adelaide's CBD.
His attendance sent other patrons into isolation over Christmas and forced the nightclub to close its doors.
In the footage posted to social media by Loverboy last night — which has since been removed — MacIntosh appears to be dancing and looking at a phone. The footage also appears to show him sniffing a substance from a vial and tossing a glass across the dancefloor.
MacIntosh pleaded guilty in the Adelaide Magistrates Court with failing to comply with South Australia's emergency management rules, and on Monday was spared a conviction, but fined $600.
Macintosh's lawyer Stephen Ey told ABC Local Radio that it was "an appropriate sentence", and that the basis of his plea was only regarding his attendance at a Walkerville coffee shop the following day.
"He was dealt with on the basis of on the 18th of December he went to a coffee shop with some friends, stayed outside, was essentially socially distancing outside," he said.
Mr Ey said his client going to Loverboy was not part of the allegations.
"He didn't know at that stage, on the 17th, of the message from SA Health," he said.
SA Police Acting Commissioner Linda Williams said investigators had "thoroughly reviewed" the circumstances of the case but were confined by the evidence that was available to them.
"In any offence, there are certain elements that must be made out," she said.
She said police could only make out the elements of an offence relating to the day after, when he attended Coffee Institute.
But Ms Williams acknowledged that MacIntosh's behaviour had "an impact on many people".
Mr Ey said the video posted by Loverboy "was not part of the case to be presented", and while he did not request the video to be removed, it was appropriate that it had been taken down.
"All it shows is a number of people dancing," he said.
SA Premier Peter Malinauskas said the government would not compensate Loverboy, which claimed the incident cost it $60,000.
"I think if there's compensation to be paid, that should be established by the people who did the wrong thing," he said.
Minister understands 'disappointment'
Police Minister Joe Szakacs said he had not seen the video but was confident that the matter had been prosecuted with "all evidence before it".
"The reality is, is that the court has made a decision with all evidence before it and the advice that the Premier has received and I have received from SAPOL is that the matter has been adjudicated and decided by the court and we respect that decision," he said.
However, Mr Szakacs said he could "fully understand and appreciate" if people felt disappointed.
"Particularly people that have lost work in hospitality or business owners in hospitality who have done it so tough, so tough during the pandemic and paid some very high prices," he said.
Mr Ey said his client had been "dealt with by the court in an appropriate manner and that now concludes the matter".
The ABC has contacted Loverboy for comment.
