Lawyer, Kylie Weston-Scheuber, left, has asked the court to permanently stay charges against her client, former politician Peter Slipper, right. Photo: Andrew Meares
Peter Slipper's lawyer is trying to stop the case against the former politician, arguing it is a violation of parliamentary privilege.
The hearing into allegations Slipper misused Cabcharge cards has begun in the ACT Magistrates Court.
Defence counsel Kylie Weston-Scheuber sought leave to file an application for a permanent stay of proceedings.
Peter Slipper arrives at the ACT Magistrates Court. Photo: Andrew Meares
She said the prosecution proceedings "violated parliamentary privilege".
"It became clear to me that there was a real issue," she said.
“… The proceeding would constitute an abuse of process, because it is not possible for Mr Slipper to have a fair hearing.
“The minute that evidence is called against Mr Slipper … the rule of parliamentary privilege is breached.”
The former politician has been accused of three counts of dishonestly using Cabcharge cards in 2010.
Slipper, who was a speaker of the House of Representatives during the last Federal Parliament, was the Liberal member for the Queensland seat of Fisher for more than 20 years, before becoming an independent MP in 2011.
Commonwealth prosecutors allege Mr Slipper, who was not re-elected at the last election, improperly used $1000 of the taxi vouchers to visit district restaurants and wineries.
Ms Weston-Scheuber, a former prosecutor who led the Australian Defence Force Academy Skype case, told the court that parliamentary business was not sufficiently defined in regards to using taxpayer funds to cover transport for politicians.
“There must be a connection with the business of parliament … but certainly parliamentary business extends outside the doors of parliament,” she said.
Ms Weston-Scheuber said the matter would not set a precedent in regards to politicians being prosecuted for alleged misuse of public funds, adding that Mr Slipper himself could not waive parliamentary privilege.
“The privilege is one that belongs to parliament and only the parliament can waive it,” she said.
The hearing, which is listed to take several days this week, began Monday after Mr Slipper lost his bid to have it delayed.
He has pleaded not guilty, and has previously said he would vigorously fight the charges.
Chief Magistrate Lorraine Walker adjourned the proceedings until 2.15pm to examine the application.
Mr Slipper refused questions from the media both entering and leaving the court.
More to come
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