Updated
MLC Bernard Finnigan has quit politics, effective immediately, after being found guilty of a child pornography charge.
Finnigan issued a public statement through his lawyers saying he had given "careful consideration to the views expressed by my colleagues, family and friends".
"In addition, I am conscious of the need to protect the integrity of the judicial process, which has not yet concluded, and the dignity of the Parliament," Mr Finnigan said.
Finnigan has been under pressure from South Australian Premier Jay Weatherill to quit politics after being found guilty this week by the District Court of obtaining access to child pornography.
His lawyers had argued he could not be removed from the Legislative Council until he was convicted and sentenced.
"It is not my wish to promote further political uncertainty or to provoke some form of constitutional dispute over the power of the Legislative Council to expel a member," Mr Finnigan said.
"In the circumstances, I have determined that the most appropriate course is to resign from the Legislative Council, with immediate effect."
Finnigan said he tendered his resignation with the Legislative Council president Russell Wortley this afternoon.
It's a scandal of unparalleled proportions the resolution was either the resignation as we've seen or ultimately the difficult process of expulsion, so it's the appropriate end to the process.
Opposition upper house MP Rob Lucas
"I sincerely hope that both politicians and the public will respect the need for the judicial process to be concluded without undue public comment or interference," his statement said.
He said he would not be making any more statements until sentencing was completed.
Mr Weatherill said the "proper course of action had now been taken".
On Wednesday he called it an "absolute disgrace" that Finnigan still held a seat after being found guilty.
Opposition Upper House MP Rob Lucas said Finnigan's resignation meant he had avoided becoming the first MP to be expelled from the South Australian Parliament.
"He saw the writing on the wall that if he didn't resign he was going to be expelled on Tuesday by way of a motion," Mr Lucas said.
"I think it's sad for the institute of Parliament that it's been dragged through this particular sordid process," Mr Lucas said.
"It's a scandal of unparalleled proportions the resolution was either the resignation as we've seen or ultimately the difficult process of expulsion, so it's the appropriate end to the process."
With Finnigan's seat in the Legislative Council now vacant, it is up to Labor to select a new member.
It is believed the seat will go to former Labor state secretary Michael Brown.
But Mr Lucas raised concerns about Mr Brown's record, including the 2010 campaign.
The District Court criticised Labor's strategy of handing out how-to-vote cards labelled "put your family first" as dishonest.
"Michael Brown comes to the table with soiled hands from the dirty tricks campaign of 2010, which was the subject parliamentary inquiries and various other committees, so if he's to be their nomination, there'll be some interesting debates I suspect and discussions, both with the media and in the Parliament," Mr Lucas said.
Finnigan was arrested at his Sefton Park home in April 2011 and charged with accessing child pornography between December 2010 and April 2011.
He was found guilty for obtaining access to child pornography but acquitted of a second charge of attempting to obtain access to child pornography.
Sentencing submissions for Finnigan are expected to be made on November 30.
Topics: courts-and-trials, sexual-offences, law-crime-and-justice, state-parliament, government-and-politics, states-and-territories, pornography, adelaide-5000, sefton-park-5083, sa
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