Fallout from allegations levelled against Foley continue, as Bill Shorten expresses support for ABC reporter Ashleigh Raper

Luke Foley referred to NSW Labor committee in bid to block him staying on as MP

Luke Foley has been referred to New South Wales Labor’s candidate review committee in a bid to block him from staying on as the member for Auburn.

The fallout from the allegations levelled against Foley continued on Friday, as both opposition leader Bill Shorten and NSW Labor leadership frontrunner Michael Daley expressed their support for ABC reporter Ashleigh Raper.

Foley shocked his party when he announced he would sue for defamation over Raper’s allegations that he put his hands in her underwear during a 2016 Christmas function. Foley said the allegations were false.

Daley said on Friday he had asked that Foley be referred to the candidate review committee, which decides whether Labor candidates are suitable for pre-selection.

He said he believed Raper, saying “she’s a credible person. I believe her, and her welfare is the most important thing”.

Luke Foley resigns as NSW Labor leader but says ABC reporter's allegations are 'false' Read more

“I had a conversation with the general secretary of the Labor party, and I indicated to her that if I am elected leader tomorrow I will require her to refer Luke’s continued membership of the ALP and candidacy for ALP in parliament to the candidate review committee,” he said. “I understand today that that has already been done.”

NSW Labor sources say there was no other option after Foley’s combative response to the allegations on Thursday.

“You’d have to be pretty dumb to not think they’re going to do him over,” one senior Labor figure told Guardian Australia. “And that’s got to happen.”

While Daley remains a front-runner for to take the party leadership, a new challenger for the position emerged on Friday.

Labor’s MP for Kogarah, Chris Minns, put himself forward for the leadership, saying: “whoever is elected Labor party leader faces a near insurmountable task.”

“They need to unite the party, present a bold policy platform for the people of this state and convince the voters of this state to kick out the government and elect us in their stead.

“Now that is a near impossible task and the only shot the Labor party has, in my opinion, is to present a bold, positive and optimistic plan for NSW and get people excited for change.”

Minns, the shadow water minister who has only been in parliament since 2015, said he would “put young people and families” at the centre of his policy decisions, pledging to end the lockout laws if Labor won government under his leadership.

“They’re zapping the energy and fun from Sydney,” he said.

“I am convinced we can keep Sydney-siders safe while at the same time treating them like adults.”

He would also prepare the economy for a downturn in the housing market.

Minns said he found Raper’s statement “extremely compelling” and that Labor had earlier taken Foley “at his word”.

“He should resign his seat. I do think he can’t sit in NSW parliament. The best thing for his family is to focus on that part of his life,” he said.

“I had absolutely no idea that the accusations were that serious. I had no idea. Mr Foley at all times rejected [the allegations]. It’s an extremely sad situation.”

Meanwhile, David Elliott, the Liberal MP who dragged Raper’s case into the public sphere against her wishes, made a short statement. He said it was never his intent to cause distress to Raper.

“This has clearly been a difficult time for the journalist,” Elliott said. “I have long held concerns over the character of the alternate premier.”

“To that end, it was never my intent to cause distress for the journalist.”

The premier, Gladys Berejiklian, declined to say whether Elliott would be sanctioned, saying “Today is not the day to get political”.

“The person who suffered the most deserves to have her career on track and get on with her life,” Berejiklian said.

Alice Workman (@workmanalice) Berejiklian asked about minister David Elliott's role in making the allegations public and whether he would be reprimanded.



"Today is not the day to get political," she said.

Shorten said Foley’s alleged behaviour could not be tolerated.

“The behaviour that Ashleigh described is clearly improper, inappropriate, it cannot be tolerated,” Shorten told ABC radio.

“Considering the behaviour described – and what has happened hasn’t respected her wishes – I think something the rest of us can do is treat her with some respect.”

Daley also publicly condemned Foley’s handling of the allegations.

“We’re all thinking of Ashleigh,” Daley told reporters outside his home earlier on Friday morning.

“She did the right thing, she did the brave thing. We’re all thinking of her. She’s the most important person at the moment.”

NSW Labor is expected to caucus and vote for a new leader on Saturday. Daley, who is the current deputy leader, is the clear frontrunner. Labor sources say he will offer stability in the final months before the March 2019 state election.

Penny Sharpe, a Labor member of the NSW upper house from the left, is expected to be voted deputy.

Many within the party were left dumbfounded by Foley’s response to the allegations. He gave a short press conference, without taking questions, to deny Raper’s claims and announce he was suing for defamation in the federal court.

ABC journalist Ashleigh Raper details allegations against Luke Foley Read more

Such a course would lead to months of damaging coverage in the lead-up to an election, which, prior to the scandal, Labor had a good chance of winning. They were neck and neck with the Coalition in the polls, and Foley had just edged Berejiklian as preferred premier.

Foley is understood to not be speaking to senior colleagues, who want to dissuade him from the court action.

“He’s not talking to any of the people in the caucus that he normally talks to,” a Labor source said. “He’s just bunkered down.”

Daley said he would ask Berejiklian to join with him in lifting the standards of behaviour in the NSW parliament. He said voters were rightly disgusted at what they were witnessing.

“It’s been a completely ugly episode, in many ways,” he said. “And I’m calling on Gladys Berejiklian now to join me, if I’m elected leader, in lifting the standards of parliament.”