Part-time Labor staffer John Zhang challenges investigation into possible foreign interference

The investigation into possible interference of a Labor MP is being challenged by his staffer, who was also raided.

Labor MP Shaoquett Moselmane and John Zhang.

The national security investigation targeting the possible foreign interference of NSW Labor backbencher Shaoquett Moselmane is being challenged in the High Court by his part-time staffer, John Zhang, whose home and office were raided as part of the inquiry.

Details of Mr Zhang’s legal challenge were made public in NSW Parliament on Tuesday as the upper house prepared to examine a claim of parliamentary privilege sought by Mr Moselmane over key documents sought by the Australian Federal Police.

The documents are understood to include speeches, petitions, questions on notice, committee papers and other material used in the drafting of these items that originated from Mr Moselmane’s office.

NSW Upper House president John Ajaka said that on July 31 the clerk was notified that Mr Zhang’s solicitor had commenced proceedings in the High Court of Australia challenging the legality of the search warrants executed on his home and office.

Mr Moselmane, who has denied being a suspect in the matter, is not party to the High Court proceedings.

“It is understood the proceedings will concern arguments as to the constitutional validity of the offence provisions underpinning the investigation,” Mr Ajaka said.

Mr Moselmane remains suspended from the Labor Party. Picture: John Feder

In late July The Australian revealed that AFP officers had spent two days in the NSW parliament reviewing documents and data originating from Mr Moselmane’s office. They are seeking the documents as part of their inquiry but have been prevented from accessing them due to their privileged status.

It was confirmed on Tuesday that Mr Moselmane, through his legal representative, had sought to narrow the scope of documents being sought, subject to parliamentary privilege.

The AFP investigation has been working in tandem with the Australian Security Intelligence Organisation, which confirmed its role in the matter. The inquiry, which has been ongoing for an unspecified amount of time, culminated in June with the raids on the homes and offices of Mr Moselmane and Mr Zhang. It is understood to be focusing on potential interference by the Chinese Community Party.

The NSW parliament’s Privileges Committee was due to examine Mr Moselmane’s documents and make a ruling about whether they could be released, but due to the High Court challenge this has been postponed, Mr Ajaka said.

“Mr Zhang’s legal representative has indicated that, the matter now being before the High Court, the AFP will need to suspend all processing of material and data sought to the warrant until such time as the matter is heard by the court,” he said.

“In the meantime, the documents and other material over which privilege has been claimed will remain in the safe keeping of the clerk and deputy clerk as the agreed neutral third party.”

Mr Moselmane currently remains suspended from the Labor Party and is serving as an independent member of the crossbench.

In a letter addressed from Mr Moselmane to Mr Ajaka, dated June 29 and read out to the parliament on Tuesday, the Labor MP reiterated that he was not a suspect in the investigation. He also said that neither he nor his staff would seek to access his parliamentary computers or telephones while the investigation was ongoing.

“I’ve maintained and continued to protest my innocence as to any wrongdoing whatsoever,” Mr Moselmane wrote. “I seek leave of absence from the house to allow the orderly conduct of both the house and investigations, such that it is, to continue and to that end respect the rule of law and allow the house to conduct its affairs without the unnecessary distraction.”

In his only public statements relating to the raids, Mr Moselmane said his fascination with China began in high school. In addition to visiting the country numerous times over the past decade, he has been a founding member of the Australian Chinese Association and an honorary chairman of the Australian Shanghainese Association. Mr Zhang was also an honorary chairman of the ASA.

Both organisations, according to China analysts, are linked to Beijing’s network of foreign influence operations known as the United Front Work Department.