A former South Australian Labor MP and her husband, accused of blackmailing the state’s Labor leader, have made an application to have the case against them dismissed.

Key points:

  • Annabel and Greg Digance are accused of blackmailing SA Opposition Leader Peter Malinauskas
  • They want the case thrown out
  • Their lawyer has called for prominent Labor members and a detective to be questioned

Annabel and Greg Digance are accused of seeking to gain personally by threatening to make allegations of misconduct against state Opposition Leader Peter Malinauskas in February and March last year.

Lawyers for the couple told the Adelaide Magistrates Court today their clients had no case to answer.

“Mrs Digance respectfully submits — detailed in a 12-page outline — that there is no case to answer,” her lawyer, Robert Cameron, told the court.

Mr Cameron also told the court that late last week they filed a rule 20 notice to the court seeking Mr Malinauskas, Labor state secretary Reggie Martin and the lead detective be called for cross-examination in the matter to work out whether a trial was warranted.

Labor state secretary Reggie Martin is running for the Legislative Council.(ABC News)

Mr Cameron said they had outlined the special reasons why they should be cross-examined in “the interests of justice” in a 15-page notice.

But prosecutors told the court they were opposed to calling Mr Malinauskas, Mr Martin and the detective — who was not named — as witnesses.

The matter will return to court later this month.

Mr Cameron previously told the court the case was “malicious” and should be thrown out.

“It’s a collateral abuse of process in that it seeks to shut down a select committee hearing of this Parliament that was voted on on March 31 this year,” Mr Cameron told the court last month.

“We will be submitting that there are special reasons why Mr Malinauskas should be ordered to attend court … for cross-examination.”

Mr Martin apologised in March for a racist flyer approved by him during Ms Digance’s election campaign in 2014.