Police confirm they have spoken with ABC management about the allegations though no complaint has been made

This article is more than 1 year old

This article is more than 1 year old

Luke Foley has resigned as leader of the New South Wales Labor party but called an ABC reporter’s allegations he put his hands in her underwear at a Christmas party “false”.

In a shock statement to press inside the NSW parliament lasting less than two minutes, Foley said he had retained lawyers and would begin defamation proceedings.

“The first thing I’d like to say is that the allegations against me today made public by the ABC are false,” he said. “I’ve retained solicitors and senior counsel to advise of immediate commencement of defamation proceedings in the federal court of Australia.

“However, I can’t fight to clear my name and fight an election at the same time. It’s just not possible to do both.

“Therefore I’m resigning the leadership of the Labor party effective today. This will enable the new leader to give their full attention of defeating the Liberal National government.”

Michael Daley tipped to succeed Luke Foley as NSW Labor leader Read more

He said he would remain as the Auburn MP.

Sky News Australia (@SkyNewsAust) Former NSW Labor Leader Luke Foley: The allegations made against me are false.



I can’t fight to clear my name and fight an election at the same time. Therefore, I am resigning the leadership of the Labor party.



MORE: https://t.co/ykweMevBOK #Speers pic.twitter.com/ixOiUu2kTe

Police, meanwhile, have confirmed to Guardian Australia that they have spoken with ABC management about the allegations. Detectives stand ready to investigate, should a formal complaint be made.

“The reporter has not made a complaint or provided a statement to NSW police force at this stage,” a police spokesman said.

“NSW police have, however, spoken to senior management at the ABC. If a complaint is received, the matter will be taken seriously and will be thoroughly investigated by detectives, as would any allegation of this nature.”

It came after the release of an explosive statement from ABC journalist Ashleigh Raper alleging he put his hands inside her underpants at a Christmas function in 2016.

“He stood next to me,” she said. “He put his hand through a gap in the back of my dress and inside my underpants. He rested his hand on my buttocks.

“I completely froze.”

Raper said the encounter had been witnessed by the journalist Sean Nicholls, who was then the state political editor at the Sydney Morning Herald and is now an ABC journalist.

In her statement Raper said she had chosen not to complain at the time for “a number of reasons”.

“It is clear to me that a woman who is the subject of such behaviour is often the person who suffers once a complaint is made,” she said.

“I cherished my position as a state political reporter and feared that would be lost. I also feared the negative impact the publicity could have on me personally and on my young family.

“This impact is now being felt profoundly.”

Following Foley’s press conference the ABC issued a short statement saying it “stands by the [earlier] statement and by Ms Raper and has no further comment”.

Foley had previously denied allegations that he harassed a journalist at the Christmas party, after they were aired last month by a Liberal MP under parliamentary privilege.