Independent Member for Mount Gambier Troy Bell could be precluded from taking his seat on the cross benches when the House of Assembly resumes on Tuesday (April 1).
Mr Bell is awaiting the outcome of two court hearings which relate to last year’s jury guilty verdict of multiple fraud charges.
He has appealed the finding and cited District Court judge Rauf Soulio erred in some aspects.
The Court of Appeal heard submissions from both prosecution and defence counsel earlier this month and reserved their decision.
Section 31 of the South Australian Constitution states a MP should be expelled if convicted of an indictable offence.
Meanwhile, sentencing submissions were heard by Judge Soulio last week and ended on Thursday with the judge also adjourning the matter.
If Judge Soulio sentences Mr Bell, his seat will be declared vacant triggering a by-election costing around $1m.
Mr Bell spoke briefly to reporters outside the courthouse in Adealaide on Thursday.
“There had been a lot of difficult things to hear over the journey,” Mr Bell said.
“I am hoping for a good outcome and we will continue with the process.
“It’s never easy but people have got their jobs so I will continue doing mine and making sure we keep delivering for Mount Gambier.”
During the sentencing submissions, his counsel Nick Healy said Mr Bell had sold his home and other assets and taken out loans to fund his legal expenses which exceeded $800,000.
Mr Healy asked Judge Soulio to suspend any term of imprisonment imposed given the age of the offences, the impacts on his family and his client’s continued community efforts.
However, prosecutor Jemma Litster said Mr Bell had committed systemic fraudulent offending in stealing $430,000 and a term of imprisonment was justified to act as a deterrent.
Neither Judge Soulio nor the Court of Appeal have set their next hearing dates.
The House of Assembly sits for three days next week and then has a break lasting almost four weeks.