FORMER Labor Cabinet minister Bernard Finnigan will continue to receive his $148,000 salary to sit in Parliament, despite being ordered to stand trial on aggravated child pornography charges.

The development prompted Premier Jay Weatherill to ask him to resign. Mr Weatherill described Finnigan's position as "untenable".

Finnigan - who was acting Police Minister at the time of his arrest in April last year - yesterday pleaded not guilty to five aggravated counts of taking steps to obtain child pornography and one aggravated count of obtaining child pornography at his Sefton Park home between August 2010 and April last year.

"The criminal justice system will deal with the question of guilt or innocence ... what I'm talking about here is his public office," Mr Weatherill said.

Asked to comment on Mr Weatherill's statement, Finnigan remained silent when questioned by The Advertiser at his home last night.

Adelaide magistrate Simon Smart yesterday ruled that Finnigan - still a member of the Legislative Council - had a case to answer, rejecting submissions by his legal team that recently amended legislation rendered any conviction on the aggravated charges impossible.

Because his case has been committed to trial in a higher court, an automatic suppression order on his identity was lifted.

Outside the court, Finnigan - who has reaped almost $200,000 for sitting in the Legislative Council largely in silence since his arrest - would not comment on his future in Parliament.

"I will vigorously defend these charges in the proper place, that is a court of law. Like any citizen I am presumed innocent and I will be making no comment while the judicial review is being considered," Finnigan said.

He has access to an electoral allowance of more than $22,000, access to an office in Parliament House and rights to a subsidised car, internet and telephone access.

Up to 7pm yesterday, 472 of the 611 people who had voted on an adelaidenow poll said they believed Finnigan should not be eligible to hold public office.

Mr Smart yesterday rejected an argument by Finnigan's lawyer Michael Abbott, QC, that legislative amendments to introduce aggravated child pornography offences were flawed and rendered a conviction impossible.

Mr Smart said: "I am satisfied that a jury, properly instructed, could be satisfied of each of the elements of the offences beyond reasonable doubt, taking the Crown case at its highest."

Mr Abbott said he would seek a judicial review in the Supreme Court of Mr Smart's decision to commit the charges for trial.

Mr Smart declined to make an order extending a suppression order on Finnigan's identity, ruling that publication of his name would not be detrimental to the interests of justice.

Late yesterday, Mr Weatherill said he was "shocked" by the charges against his former colleague, who held the position of leader of government business in the Legislative Council.

"Because of the nature of the crimes and his public association with them I believe that it's inappropriate that he does continue to hold that public office," Mr Weatherill said.

Finnigan's eight-year term expires in 2018 and he will be able to fulfil his tenure if he escapes conviction.

If he stands down or is forced from office, Labor could appoint a replacement without a by-election.

Opposition justice spokesman Stephen Wade said the Liberals would not comment on the case while it was before the courts.

Born in Mt Gambier in 1972, Finnigan was a member of the Shop and Distributive and Allied Employees Association from 1995 to 2005 before taking the late Terry Roberts's place in the Legislative Council.

Finnigan was made Minister for Industrial Relations, State/Local Government Relations, and Gambling in February 2011.

Finnigan is alleged to have taken steps towards obtaining child pornography involving children under 14 at his Sefton Park home between August 2010 and April 2011. He faces up to seven years prison on each count if convicted of the aggravated charges. State Parliament resumes on October 16.

HOW IT HAS UNFOLDED

Bernard Vincent Finnigan

Born: Mt Gambier, December, 8, 1972

1978-1986: Attended Allendale East Area School

1987-1989: Attended Tenison College, Mt Gambier

1990-1993: University of Adelaide, Bachelor of Arts. Joins Labor Party

1995: Joins SA branch of the Shop, Distributive and Allied Employees Association as a union official

2000: Appointed assistant secretary of SDAA

May 2006: Appointed to Legislative Council position made vacant by death of Terry Roberts

2009: Touted by Labor figures as "one of the most influential figures in Parliament" and a likely future minister

February 2011: Appointed to Cabinet as Minister for Industrial Relations, State/Local Government Relations, and Gambling, and leader of the government in the Legislative Council

April 20, 2011: Arrested and charged with child pornography offences after police raid his home in the north-eastern suburbs

May 20, 2011: First appears in closed hearing in Adelaide Magistrates Court after arriving amid a large media throng, charged with one count of possessing child pornography, one count of aggravated possessing child pornography and two counts of taking steps to access child pornography

March 24, 2012: Prosecutors lay extra and more serious charges including that he searched for, viewed and downloaded perverted images - included aggravated allegations involving children younger than 14

June 29, 2012: Charges are once again increased in severity as prosecutors lay a new information charging Finnigan with seven aggravated counts and seven basic counts of obtaining access to child pornography

Last Friday: Finnigan's lawyer Michael Abbott QC argues his client has no case to answer on the aggravated charges. Mr Abbott claims amendments to legislation last November were poorly worded and rendered any conviction impossible.

Yesterday: Magistrate Simon Smart finds Finnigan has a case to answer on five aggravated counts of taking steps to obtain child pornography and one aggravated count of obtaining child pornography and commits him to the District Court. Mr Smart declines to make a further suppression order on Finnigan's identity while a judicial review is heard on his decision to commit the case for trial.