The lawyer for South Australian MP Bernard Finnigan has told the District Court child pornography charges against his client should be permanently stayed or quashed because the prosecution case is doomed to fail.

Finnigan is facing two charges alleging he obtained access to child pornography in December 2010 and that he took steps to obtain access to child pornography in April 2011.

His arraignment to the District Court has been put on hold because he is seeking a stay of the proceedings.

His lawyer Michael Abbott told the court the prosecution cannot prove vital elements of the offences including whether the images allegedly accessed depicted children under the age of 14, and that the steps allegedly taken would have led Finnigan to child pornography.

The hearing continues.