NSW Labor launches official complaint over ‘joke’ Michael Daley candidate

NSW Labor has lodged an official complaint over claims a Maroubra resident called Michael Daly was encouraged to run against Opposition Leader Michael Daley to confuse voters at the state election.

Noel D'Souza and Michael Daley pictured in happier times.

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NSW Labor has lodged an official complaint over claims a Maroubra resident called Michael Daly was encouraged to run against Opposition Leader Michael Daley to confuse voters at the state election.

Randwick Labor councillor and deputy mayor Danny Said has signed a statutory declaration which has been sent to the NSW Electoral Commission claiming he overheard independent councillor and candidate for the state seat of Maroubra Noel D’Souza saying: “I found the other Michael Daley” and he was “going to pay” his $250 nomination fee to run.

The comments were allegedly made as councillors gathered for dinner at the conclusion of last week’s Randwick Council meeting.

Noel D'Souza says he knows Michael Daly as a customer at his Matraville chemist.

The complaint alleges independent councillor Anthony Andrews said the inclusion of Mr Daly’s name could hurt Mr Daley’s chances, to which Mr D’Souza is claimed to have replied with words to the effect of “that’s the whole purpose’.

Mr D’Souza, who resigned from Labor in 2016, told the Southern Courier he knows a man called Michael Daly but had not taken steps to formally nominate him. He said his comments at the dinner were made as “a joke”.

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“There is a Michael Daly — he lives on Anzac Parade — and we’ve spoken about him running as a candidate,” Mr D’Souza said.

“He offered up his services. I thought about it but at the end of the day I want to beat Michael Daley fair and square. I believe in a fair fight.

“I haven’t done anything wrong, no paperwork has been filled out. It was a joke I made between councillors. It’s ridiculous it’s been taken further than that.”

Opposition Leader Michael Daley pictured on the campaign trail in Tweed Heads last month.

The NSW Electoral Commission said it did not comment on compliance matters or whether it was conducting an investigation.

A spokesman for the commission said “encouraging someone to nominate as a candidate is not unlawful”.

Cr Said told the Southern Courier he lodged the complaint based on advice he received from Labor Party officials.

“The problem is if there if there is Michael Daly and he ends up at the top of the ballot people could tick it — it’s a dirty tactic,” Cr Said said.

Councillors dined at Randwick Town Hall after the conclusion of the council meeting.

Independent councillor Anthony Andrews said he had not taken Cr D’Souza’s comments seriously.

“Noel’s a very funny guy, he’s always coming up with jokes,” Cr Andrews said.

“Whatever is said over those dinners at council usually stays there.”

NSW Opposition Leader Michael Daley, who holds Maroubra on a 10.8 per cent margin, was contacted for comment but he had not responded at the time of publication.

Independent councillor Anthony Andrews.

A NSW Labor spokesman said the party “is persisting with the referrals” to the Electoral Commission, as well as the NSW Police and the Independent Commission Against Corruption.

Mr D’Souza, who works a as a chemist, said he knew the other Michael as a customer at his pharmacy in Matraville. The Courier sought comment from Mr Daly but Cr D’Souza declined to provide his contact details.

Cr D’Souza was elected as a Labor mayor of Randwick in 2015 but stood down from the party in May 2017 after failing to support the caucus-endorsed candidate at the 2015 and 2016 council elections.