Former SA Liberal MP Sam Duluk, who had been accused of assaulting his fellow MP Connie Bonaros at a Christmas party in 2019, has been found not guilty following a trial at the Adelaide Magistrates Court.
Following the case, Ms Bonaros said the events that unfolded on the night of the Christmas party “still sicken me when I think about what he did”.
“I want to stress to all the women and girls who might have read about my case or might listen to these words that they should complain, they should report and they should prosecute and sue men who prey on them, who assault them and who treat them as less than human – like I was treated. They should not let this decision dissuade them,” she said.
Ms Bonaros had told the court that it felt as though Mr Duluk “grabbed me by the waist and then proceeded to slap me” and had “proceeded to put his arm around me and whacked me on the bottom”, however an eyewitness who was “one or two metres away” told the court that the “whack” was more like “a touch or pat”. Ms Bonaros said that the left side of her bottom was touched, the eyewitness said it was “the right cheek of the alleged victim’s buttocks”.
The magistrate found that both Ms Bonaros and eyewitness Emily Bird, parliamentary office manager for Greens MLC Mark Parnell at the time, were both “credible” but offered different accounts of fundamental aspects, leading to the acquittal of Mr Duluk.
READ MORE: Sam Duluk fronts Adelaide court for allegedly backslapping Connie Bonaros
Magistrate John Wells, who passed judgment today, said Mr Duluk showed behaviour which was “entitled, uncouth and disrespectful”.
He found that before the “touching incident”, Mr Duluk had grabbed a bottle of spirits and held it to Ms Bonaros’ mouth, urging her to drink, which she declined, and she was also forced to decline the invitation to accompany him to his office. Then, Mr Duluk grabbed and lifted a chair where Ms Bonaros sat, put his arm around her shoulder on more than one occasion, and also tried to put ice down her dress.
“There was dancing later in the evening, towards the end of the party. The accused approached the alleged victim, took her by the hands and said, ‘Dance with me’. She danced with him, holding his hands, for a matter of 10-15 seconds,” Mr Wells said, adding that she had been uncomfortable with the dancing and demonstrated this “by pulling away from him”.
READ MORE: SA Best MP Connie Bonaros speaks up in Parliament over the impact assault has had on her
The magistrate found Mr Duluk not guilty, but said he should apologise to Ms Bonaros nonetheless due to his “rude, unpleasant, insensitive and disrespectful” behaviour.
“You were clearly substantially affected by alcohol. I’m sure it has not escaped your attention. And part of the reason you are now standing in the dock of a criminal court is because of your excessive alcohol intake. I hope you have given some consideration to changing your habits,” he said.
Following his appearance in court, Mr Duluk released a statement indicating that he was “grateful for the opportunity to clear my name” and an intent to remain in Parliament so he could serve the people of Waite.
“I would like to express my gratitude to my family, friends, and the many people in my community of Waite for their support and encouragement,” he said.
“In reflecting on the Magistrate’s remarks, I reiterate the personal apology I conveyed to Ms Bonaros after the event.”
He said that 20 months since the incident, had been one of reflection.
Deputy Labor Leader Susan Close said that Mr Duluk “should stay out” of the Liberal fold and that an independent inquiry in the wake of the incident should now resume.
Premier Marshall said told the ABC he had not seen the judgement, however he backed calls for the parliamentary inquiry to resume after it had been put on hold during the court case.
Connie Bonaros responds
Neos Kosmos reached out to Connie Bonaros following the court case and received the following statement:
I am making this statement following the judgment in the matter of Sam Duluk who was charged with assaulting on me.
I did not attend court today but I had friends and colleagues present. I understand Magistrate John Wells – while acquitting Mr Duluk – labelled his conduct towards me as ‘entitled, uncouth and disrespectful.’
It was.
I am currently on sick leave from my parliamentary job which – while not related to the assault and trial – has not been helped by the fact the verdict was handed down today.
The events of that evening – and Mr Duluk’s conduct towards me – still sicken me when I think about what he did.
He, as the magistrate said in court today, treated me poorly and was insensitive to my discomfort that evening.
Mr Duluk grabbed me on more than one occasion that night, put ice cubes down the front of my dress, forced a bottle of spirits to my mouth and slapped me hard on my bottom.
He also made inappropriate comments to me which I found humiliating and rude. I was not his only target that night.
I want to thank Magistrate Wells for the careful consideration he has given of my matter.
I am a lawyer and I know he was faced with a difficult decision when the Prosecution called an eye witness whose evidence of the slap was different to mine.
I also know Mr Duluk maintained his silence, a right he has in a criminal trial.
I want to also thank my political colleagues from all sides of politics, my family and friends and all those individuals who have provided me with support through this ordeal.
I want to stress I am glad I made a police complaint about Mr Duluk for what he did to me that night and that police believed there was sufficient evidence to charge him.
I want to stress to all the women and girls who might have read about my case or might listen to these words that they should complain, they should report and they should prosecute and sue men who prey on them, who assault them and who treat them as less than human – like I was treated. They should not let this decision dissuade them.
I do not want any woman or girl thinking the outcome I have experienced should stop them standing up and saying – enough!
I do not want any woman or girl thinking there was not benefit in taking action against someone like Mr Duluk.
I am pleased I took this action in spite of the toll and in spite of the verdict.
I have sent a message to him that what he did was wrong.
I have sent a message to those in positions of power who feel entitled and untouchable that their time is up.
I understand Magistrate Wells ended his remarks today particularly telling Mr Duluk he clearly has a drinking problem and he should apologise to me.
I do not want an apology from Mr Duluk. The fact he pleaded not guilty when he knows he assaulted me discounts any apology he might now pen 20 months after the incident.
The shame is all his.
What I do want – and will continue to fight for – is the right of all women and girls to be safe at work, to be safe at home and to be safe on the streets.
I want changes in the way these matters are dealt with both in Parliament and in the courts. I want victims heard.
As difficult as it has been, I will use my personal experience to fuel my fight for the changes we need.
Because we all know – Enough is Enough!
