‘I am a fighter’: Kapterian reveals why she is challenging the Bradfield result

Liberal candidate for Bradfield Gisele Kapterian says she is not seeking a byelection in the once blue ribbon northern Sydney seat but instead wants a judge to rule on some 800 ballots that she believes could swing the May election result in her favour.

Kapterian on Tuesday lodged a petition in the High Court, which sits as the Court of Disputed Returns, in a bid to have the Bradfield result overturned by a judge.

Gisele Kapterian on Tuesday.Credit: Jessica Hromas

Teal candidate Nicolette Boele won Bradfield in a recount, with just 26 votes separating the pair.

Kapterian, who has a frontbench position on hold for her in Canberra, said she was expecting a “short and sharp” hearing and none of her costs in lodging the petition would be met by taxpayers. Kapterian has indemnity from the Liberal Party in the event of a loss, but Boele is a respondent so will likely incur costs.

“The refs on the field have made a call, and we’re going to the video umpire. That’s all this is, it is a pure extension of the count,” Kapterian told the Herald in an exclusive interview.

“We’re just hoping to make sure that we give a voice to as many of those voters in Bradfield as possible, just to make sure that the count actually reflects those voter intentions.

“I don’t anticipate a byelection to be the result of this challenge, and we haven’t asked for one.”

While Kapterian has not seen the ballots in question, she said between the initial count and the recount about 170 votes that were originally assessed as formal were ruled informal.

This was one of the key reasons prompting her to pursue a court challenge. Her legal team, Melbourne-based barristers Philip Crutchfield KC and Dean Luxton, will be provided with access to the ballots once they are lodged with the court.

Asked whether an unsuccessful result in court would be the end of her political career, Kapterian said: “Definitely not. I didn’t wake up one morning and just think this would be a nice idea.”

“This [politics] is something that I’d like to make a contribution to and I will be a fighter all the way. I have conviction, and I’ll follow it all the way through until I get there.”

Nicolette Boele was declared the winner in Bradfield after a recount. Credit: Oscar Colman

Boele has confirmed that she would defend a legal challenge to the seat’s election result, insisting she has “absolute confidence in the work of the Australian Electoral Commission and in the integrity of its processes”.

“The Liberal Party has a legal team and enormous resources. I have community,” Boele said. “But we can’t rely on volunteers in the High Court, we need good lawyers and that is expensive.”

She said she was reluctant to ask for more from the community but “the stakes couldn’t be higher”.

Boele said she would seek donations from her community, and if the Liberal Party was ordered to pay her costs, she would refund donors.

“Everything we’ve worked for is on the line. The people of Bradfield have spoken. We have complete confidence in the process that’s led to this result,” Boele said.

Kapterian said it was vital for the Liberal Party to reclaim its heartland seats, such as those lost to teal independents or to Labor in the case of Bennelong.

“I think having people who represent metropolitan Sydney is really important, and I’ve been really buoyed to see [Opposition Leader] Sussan Ley talk extensively about a Liberal Party that represents the whole of Australia,” Kapterian said.

“One of the things I was concerned about for a while was any suggestion that we abandon the seats that have been so loyal to the party for decades and concentrate on outer suburbs.

“Those outer suburbs certainly deserve excellent representation from the Liberal Party, but it should never be an either-or question. If you want to be the party of government, you have to be a party to represent inner-city metropolitan areas like Bradfield.”

Boele’s win marked the first time in 75 years that the seat was not held by the Liberals. However, despite the Australian Electoral Commission declaring her the winner, Kapterian did not concede.

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