Peter Dutton camp furious over eligibility attacks

Peter Dutton supporters are furious with Malcolm Turnbull for attempting to “distract” from his rival’s bid for the top job.

Dutton has released new advice that found he did not have a pecuniary interest. Picture: AAP

Peter Dutton supporters are furious with Malcolm Turnbull for using a section 44 issue to “distract” from his leadership rival’s bid for the top job, as Attorney-General Christian Porter last night promised the review into Mr ­Dutton’s eligibility to sit in parliament would not be politicised.

Conservative MPs who voted for Mr Dutton in Tuesday’s leadership ballot said the Prime Minister had acted desperately by asking Mr Porter to seek advice from Solicitor-General Stephen Donaghue QC over a Labor-­inspired allegation that the former home affairs minister had breached section 44 of the Constitution.

The advice will be received today and is expected to be ­released before a meeting of the Liberal Party to choose their next leader. “Of course we don’t know what he’ll (Dr Donaghue) say but that advice at least will mean the partyroom is informed and, indeed, Mr Dutton is informed,” Mr Turnbull said yesterday.

“That may impact on his ­decision to run or not. You can ­imagine the consequences of ­having a prime minister whose ­actions and decisions are questionable because of the issue of ­eligibility … I hope the Solicitor-General deals with this very conclusively and clearly and it won’t be an issue at all.”

Liberal MPs who supported Mr Dutton this week said it was “disgraceful” that eligibility questions had been “dragged out” to try to damage him, and Mr Turnbull’s comments were “indicative of the desperation”.

None of the Dutton backers interviewed by The Australian yesterday said they would withdraw their support in a leadership ballot if the advice found Mr Dutton did have a question to answer.

Mr Dutton has released new advice that found he did not have a pecuniary interest in an ­agreement with the commonwealth after questions were raised about his family’s financial interests in two Brisbane childcare centres that received $5.6 million in taxpayer-funded rebates over the past eight years.

Mr Dutton also received fresh oral advice from David Bennett QC confirming he was in the clear, and is awaiting written advice from the former solicitor-general.

Mr Porter pledged Dr Donag­hue’s review of Mr Dutton’s ­eligibility would be insulated from the political storm crippling the Liberal Party.

The Australian understands Mr Dutton was involved in the review.

“The Attorney-General has put in place a process to ensure the ­advice is absolutely independent and everyone involved has ­assisted that process,” Mr Porter’s spokesman said.

Mr Porter has denied he was pressured into seeking advice on the matter amid criticism of the process from colleagues. In an earlier statement, he said he sought advice as a result of media reports and the fact the issue was raised in question time by Labor.

Governor-General Sir Peter Cosgrove denied having conver­sations with Mr Dutton about his eligibility issue but did not rule out having discussions with Mr Turnbull about the matter.

“The Governor-General, by convention, acts on the advice of the prime minister and government on such matters,” Sir Peter’s spokesman said.

“The Governor-General has not had contact with Mr Dutton or anyone representing him.”

Liberal MP Craig Kelly, who voted for Mr Dutton on Tuesday, said if the Solicitor-General’s ­advice was inconclusive, the case should be referred to the High Court. “It would be very difficult for Peter Dutton to stand up as the prime minister when there was a section 44 question hanging around,” he said. “I’ve said publicly I did previously vote for Peter Dutton. ­Advice that’s not conclusive doesn’t change my mind.”

Four crossbenchers sided with Labor in the House of Represen­tatives to refer Mr Dutton’s eligibility to the High Court yesterday but were defeated by the Coalition, 68 votes to 69.