Malcolm Turnbull threatened to call the Governor-General to block Peter Dutton taking the Liberal leadership

Malcolm Turnbull has reacted to claims he tried to thwart Peter Dutton’s leadership aspirations the day before he was deposed as PM, by threatening to call the Governor-General.

Malcolm Turnbull has broken his silence after he allegedly clashed with Attorney-General Christian Porter the day before he was deposed over his efforts to persuade Governor-General Peter Cosgrove not to commission Peter Dutton as Prime Minister.

In a series of tweets today, Mr Turnbull stated his version of events as they unfolded and how he took steps to notify the party room that there were concerns about Mr Dutton’s eligibility to sit in the Parliament.

He wrote: “The discretion to swear in a person as PM is vested in the Governor General. The proposition advanced by Mr Porter that it is none of the GG’s business whether the would be PM is constitutionally eligible is nonsense. The GG is not a constitutional cypher.”

During the week of 24 August 2018 there was advice from leading constitutional lawyers Bret Walker that Dutton was ineligible to sit in the Parliament and thus ineligible to be a Minister, let alone Prime Minister. I ensured we sought the advice of the Solicitor General.

— Malcolm Turnbull (@TurnbullMalcolm) June 27, 2019

“During the week of 24 August 2018 there was advice from leading constitutional lawyers Bret Walker that Dutton was ineligible to sit in the Parliament and thus ineligible to be a Minister, let alone Prime Minister,” he tweeted.

“I ensured we sought the advice of the Solicitor General.”

The SG’s advice was delivered on the morning of Friday 24th and duly published. His advice was that “the better view” was that Dutton was eligible but it was “impossible to state that position with certainty” and there was “some risk” the High Court would rule he was ineligible.

— Malcolm Turnbull (@TurnbullMalcolm) June 27, 2019

“I took the responsible course of action, obtained the necessary advice, published it and the Party Room was informed when it made its decision to elect Mr Morrison, rather than Mr Dutton, as leader,” he added.

I took the responsible course of action, obtained the necessary advice, published it and the Party Room was informed when it made its decision to elect Mr Morrison, rather than Mr Dutton, as leader.

— Malcolm Turnbull (@TurnbullMalcolm) June 27, 2019

The Australian reported earlier today Mr Turnbull told Mr Porter at the start of their meeting on August 23, 2018, that “the Governor-General would not commission” Mr Dutton if he was elected leader of the Liberal Party due to doubts about Mr Dutton’s eligibility to sit in the parliament. Mr Dutton was accused of alleged conflict with section 44 (v) of the Constitution relating to his wife’s childcare business receiving a government subsidy.

Former Minister for Home Affairs Peter Dutton. Picture: AAP

Mr Porter countered this by saying that he would feel obliged to publicly repudiate Mr Turnbull’s position if Mr Turnbull were to make this information public at a conference.

“I will feel obliged to reject that position at law,” Mr Porter told Mr Turnbull, in defiance of the prime minister. Mr Porter also warned Mr Turnbull that he would advise the Governor-General that Mr Turnbull’s position was “wrong in law” if Mr Turnbull was to persist with this stance. “You do not have any role advising the Governor-General,” Mr Turnbull retorted.

Outgoing Australian Governor-General Sir Peter Cosgrove. Picture: AAP

The Attorney-General had carried a resignation letter in his pocket to the meeting with Mr Turnbull, aware that his defiance might have resulted in call for his resignation from the Prime Minister.

Mr Turnbull allegedly raised doubts over Mr Dutton’s eligibility, prompting Mr Porter to wonder if Mr Turnbull had already spoken with Mr Cosgrove on the matter.

Christian Porter and then-PM Malcolm Turnbull holding a press conference at Parliament House in Canberra. Picture Kym Smith

“I know the Governor¬-General and I know this would be his position,” Mr Turnbull said.

Mr Turnbull had earlier told Senate Leader Mathias Cormann that the Governor-General would not commission Mr Dutton. Mr Cormann reportedly asked Mr Cosgrove to confirm this.

Asked about the incident by The Australian, a spokesperson for the Governor-General said, “No formal advice was sought or provided to the office in relation to any eligibility issues.”

Originally published as Malcolm Turnbull threatened to call the Governor-General to block Peter Dutton taking the Liberal leadership