Foley abandons threat to sue ABC sex harassment accuser

Former NSW Labor leader Luke Foley has told colleagues he will abandon a threat to sue journalist Ashleigh Raper and the ABC.

Luke Foley after resigning last month. Picture: John Grainger

Disgraced former NSW Labor leader Luke Foley has told close colleagues he will abandon a threat to sue journalist Ashleigh Raper and the ABC over her allegations he sexually harassed her at a 2016 Christmas function, an allegation that led to his resignation this month.

Mr Foley is expected to put out a statement by the end of the year confirming he is abandoning the threat to sue.

Labor focus groups have detected disgust from voters in recent weeks at the way Mr Foley handled his sexual harassment scandal, hurting the Labor brand.

Senior Labor figures believe they can recover in time for the March election from the handover from Mr Foley to new leader Michael Daley but they could take a short-term poll hit over the scandal and the way Mr Foley behaved when he resigned.

Mr Foley remains the member for Auburn but will leave the parliament in March.

When he resigned the leadership on November 8 after being accused by Raper of putting his hands down her underpants, Mr Foley said: “The first thing I’d like to say is that the allegations against me today, made public by the ABC, are false.

“I’ve retained solicitors and senior counsel to advise on the immediate commencement of defamation proceedings in the Federal Court of Australia.

“I can’t fight to clear my name and fight an election at the same time.

“It’s just not possible to do both. This will enable a new leader to give his or her full attention to the task of defeating the Liberal National government.”

Raper is understood to have been indemnified for any defamation cost by the ABC when she made her statement outlining the allegation against Mr Foley.

Mr Foley did not respond to text messages yesterday.

The Australian first raised allegations involving Mr Foley and Raper to the then opposition leader in May, with Mr Foley denying any wrongdoing and threatening to sue the newspaper.

The scandal was reignited in October when Corrective Ser­vices Minister David Elliott raised the matter in state parliament under privilege. A week later, Liberal senator Eric Abetz questioned ABC bosses on the incident in Senate estimates.

Yesterday, Mr Daley finally announced a minimalist re­shuffle, following Mr Foley’s departure, with his supporter Tania Mihailuk taking up his former planning portfolio.

Jihad Dib remains in the education portfolio despite speculation he could be dumped for supporting Mr Daley’s rival, Chris Minns, for the leadership after Mr Foley resigned.

Mr Daley added an assistant opposition spokesman for education, former high school principal David Harris. Ms Mihailuk, a former mayor of Bankstown, was family and community services spokeswoman.

Former Labor official John Graham comes into the shadow cabinet and will take on Mr Daley’s old portfolios of gaming and racing, as well as the night-time economy and music. Mr Graham will also take on tourism, major events and forestry.

Mr Minns remains in the water portfolio, third-last on the shadow ministry list.

Most other portfolios were ­unchanged.