Dai Le slams ‘smear’ claim after beating Kristina Keneally

The independent candidate who defeated Kristina Keneally in the safe Labor seat in western Sydney has hit out at vicious “smears” about her.

Independent MP Dai Le, who defeated former NSW premier Kristina Keneally in the Sydney seat of Fowler, has dismissed as a “smear” claims she may not be eligible to sit in parliament under section 44 of the constitution.

In a Facebook post today, Ms Le insisted that the “AEC accepted my application” to stand as a candidate but did not provide any details of whether she had previously held foreign citizenship.

Ms Le was born in Vietnam and migrated to Australia at age 11 after spending time in refugee camps in the Philippines and Hong Kong.

“Over the last few days, the Labor Party has been trying to smear me and try to damage my reputation, dragging my family including my son into stories,’’ she said.

“This morning there have been extensive media enquiries in relation to my eligibility to satisfy Section 44 of the Australian Constitution to stand for election.

“I can confirm that the AEC accepted my application to stand for the Federal Election and that I’m not a subject or a citizen of another country, and was not when I lodged my nomination form with the AEC prior to the close of the nomination.”

Kristina Keneally was defeated in Fowler. Picture: Liam Kidston

Dai Le pictured in Canley Heights. Picture: Jonathan Ng

The AEC form clearly states “be aware that completing this checklist does not guarantee that you are eligible to be elected under Section 44.

“If you have any doubts about your eligibility you should seek independent legal advice,’’ the form states.

In her Australian Electoral Commission candidate declaration, which is publicly available on the AEC website, Ms Le does not state she has ever held citizenship of another country.

It’s not clear if Ms Le ever held citizenship overseas or what steps she took to renounce that citizenship if it ever existed.

The Australian constitution states that someone who “is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives”.

Ms Le did not provide any information to the AEC about whether she had previously been a foreign citizen. She ticked the box “no” in answer to the question but does not stipulate she was born overseas.

Ms Keneally appeared alongside Anthony Albanese. Picture: Sam Ruttyn

Her declaration is not an application that is checked by the AEC. It clearly states the responsibility to ensure candidates are eligible lies with them.

Her paperwork also notes her mother was born in Hue, Vietnam. In another section when asked if a parent or grandparent acquired citizenship she writes mother then scribbles it out and writes ‘Dad.’

Fairfield local mayor Frank Carbone told news.com.au that Ms Le was not a citizen of another country.

“She’s made those checks. She’s honest. She’s got paperwork to state that. OK?,’’ he said.

Asked if that paperwork could be provided Mr Carbone said it wasn’t necessary.

“She doesn’t have to. If somebody wants to, they can take it to court? Right. And that’s fine.”

Ms Le said she was getting on with the job.

“I will now need to get off many social media platforms including this wonderful platform to focus on the people of Fowler. I need to be there for my community and start the fight for federal resources for them, and delivering,’’ Ms Le said.

“The ALP needs to accept the people’s democratic decision who have elected me.”