THE Commonwealth case against embattled former Speaker Peter Slipper will go ahead, after a Canberra magistrate ruled out his defence's efforts to have it thrown out
However, the former Sunshine Coast MP may yet gain a reprieve, with the court allowing the case to be taken upstairs, even temporarily, to the ACT Supreme Court.
Mr Slipper is facing charges of causing a loss to the Commonwealth, after allegedly falsifying cab charge documents during trips to Canberra wineries in 2010.
But his barrister Kylie Weston-Schueber earlier this week argued a permanent stay should be put on the case, as it could breach parliamentary privilege.
She argued the very act of calling and cross-examining witnesses on the nature of the trips could breach parliamentary privilege, on the basis the trip were made on parliamentary business.
However, after hearing prosecution arguments against the stay, the court ordered there was no evidence the calling of witnesses would breach privilege.
Chief Magistrate Lorraine Walker then granted Mr Slipper's defence a further adjournment of the case, to allow the same argument to be taken to the ACT Supreme Court.
Ms Weston-Schueber said the application to the higher court would be lodged on Wednesday, with the court granting the adjournment until that argument was heard in the Supreme Court.
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