Disgraced South Australian independent MP Bernard Finnigan has quit state parliament, heading off moves to expel him from the upper house.
Finnigan tendered his resignation from the Legislative Council on Thursday, two days after being found guilty of accessing child pornography and a day after Premier Jay Weatherill called on him to go.
"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," he said in a statement.
Finnigan, 42, said he made his decision after careful consideration of views expressed by his colleagues, family and friends.
He said he was also conscious of the need to protect the integrity of the judicial process and the dignity of the parliament.
His resignation avoids the need for a vote to remove him when the Legislative Council sits on Tuesday.
On Wednesday, Mr Weatherill said it was utterly inconsistent with the finding of guilt for Finnigan to continue to be a member of parliament.
The premier also flagged moves by the state government to recover the more than $600,000 earned by Finnigan since he was first charged in 2011, when he was a minister in the Labor government.
"It's impossible not to draw the conclusion that those resources have been applied to his defence ... that will be something which just doesn't sit well with the public," Mr Weatherill said.
Before his decision to quit, Finnigan's lawyers were understood to have told the parliament he could not be removed immediately and should continue to hold his seat pending a possible appeal.
The issue of whether he could be expelled was muddied when the District Court handed down its guilty verdict on Tuesday and Judge Steven Millsteed consented to a defence application not to record a conviction until Finnigan is sentenced.
The case is due to return to court on November 30 for sentencing submissions and Director of Public Prosecutions Adam Kimber says prosecutors will seek to have a conviction recorded at that time.
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