Prosecutors refile child pornography charge against Bernard Finnigan State MP Bernard Finnigan outside District Court for another hearing in his child pornography case today. PROSECUTORS have resurrected a previously dismissed part of their child pornography case against Bernard Finnigan, as the MP renewed his push to avoid a jury trial. Lawyers on both sides of the bar table engaged in an administrative paperwork duel prior to Finnigan's appearance in the District Court. More: Finnigan seeks permanent stay on his child porn trial Finnigan, 40, had been ordered to stand trial on one count of one count of having obtained access to pornographic images of a child under the age of 14. It was the sole charge remaining from his 2011 arrest, following a committal ruling that saw five other alleged offences thrown out in May . Today it emerged that prosecutors had refiled one of those counts - an allegation that Finnigan had taken steps toward obtaining access to child pornography - in an ex officio document. Filing charges ex officio means they can be considered by a judge without passing through the committal process. Michael Abbott, QC, for Finnigan, said his client's case should be delayed because of other paperwork filed on his behalf. More: Prosecutors can 'never prove' Finnigan tried to access child porn Finnigan's application claims sending him to trial would be "an abuse of the processes of this honourable court." The document repeats arguments already made by his counsel during previous hearings. "It is necessary for the prosecution to prove that the victim of the offence was, at the time of the offence, under the age of 14 years," it says. There is no evidence (proving) the existence of a victim who was, at the time of the offence, under the age of 14 years. It is (also) necessary ... to prove that the 'step' alleged to have been taken would have led to child pornography. There is no evidence (proving that). Judge Paul Cuthbertson remanded Finnigan on continuing bail until next month and excused the MP from attending that hearing. One of those hearings unexpectedly reactivated a suppression order on his identity, which was overturned in a landmark freedom of speech ruling in February. If convicted of the offences, Finnigan who is a crossbencher earning $148,000 a year' faces a jail term and loss of his parliamentary seat. April 20, 2011: Finnigan is arrested at his home and charged with four child pornography offences. His identity is automatically suppressed under state law. April 21, 2011: Finnigan, then the acting Police Minister, resigns from the Labor Cabinet. May 21, 2011: Finnigan faces court charged with one aggravated and three basic offences. February 17, 2012: Prosecutors say the case against Finnigan may be downgraded or dropped. March 23, 2012: The case against Finnigan trebles to 12 charges. May 18, 2012: Prosecutors drop five charges; Finnigan pleads not guilty to seven counts. August 3, 2012: Finnigan's counsel argues their client has no case to answer. September 24, 2012: Finnigan ordered to stand trial on six counts; suppression lifted. October 3, 2012: Finnigan wins the right to challenge his committal in the Full Court of the Supreme Court. January 30, 2013: The Full Court cancels the committal and sends the case back to the Magistrates Court, reactivating the suppression on Finnigan's identity. February 12, 2013: In a landmark ruling, Chief Magistrate Liz Bolton lifts the suppression. May 13, 2013: The Magistrates Court dismisses five charges, but orders Finnigan stand trial on one aggravated count. June 17, 2013: Prosecutors file new documents charging Finnigan with an additional offence of taking steps toward obtaining child pornography. His lawyers tell the District Court they will seek a permanent stay of his trial or, if unsuccessful, a trial without a jury.