The request by Theo Theophanous to the Victorian Upper House to give precedence to his motion against prosecutor Michelle Williams, SC for breaching parliamentary privilege was rejected on Tuesday.
Mr Theophanous alleged that the prosecutor in the rape case against him that was dismissed last month, used an excerpt from a speech he made in Parliament in 2006.
The Legislative Council President Bob Smith was asked to consider Mr Theophanous motion before any other parliamentary business. According to media reports Mr Smith, turned down the request.
“Having examined the matter I am not convinced that it warrants precedence,” Mr Smith told the parliament. “This does not prevent Mr Theophanous from pursuing the matter by giving notice of a motion when he returns to the chamber,” he added.
Mr Theophanous is on a sick leave for a month. He has also indicated that he does not wish to pursue the matter any further.
During the committal hearing in the rape case against him, Ms Williams read out a passage from one of Mr Theophanous’ parliamentary speeches in which he said that rape victims should be protected from questioning in court about their sexual history.
In his speech he said that the court could be “re-traumatising through the very process.”
Ms Williams accused Mr Theophanous’ lawyer, Robert Richter QC, through his questioning of a witness of, “flouting the intention of this legislation that was moved by his client.”