NSW ALP crisis over Luke Foley’s ABC journo sex scandal

Luke Foley will find it “very tough” to pursue a defamation case and stay on in state politics, a leading federal Labor MP says.

Luke Foley yesterday announces he is standing down as leader. Picture: John Feder

Luke Foley will find it “very tough” to pursue a defamation case and stay on in state politics, a leading federal Labor MP says as Bill Shorten said the alleged behaviour ”cannot be tolerated.”

The former NSW opposition leader sensationally quit as ­oppos­ition leader yesterday when an ABC reporter accused him of drunkenly placing his hands inside her underwear after a Christmas party.

Mr Foley has denied allegations he sexually harassed ABC reporter Ashleigh Raper at a 2016 Christmas party. Ms Raper made her allegations public yesterday in a statement after months of trying to protect her identity.

Mr Foley said Ms Raper’s allegations were false and he would pursue defamation proceedings in the Federal Court.

Bill Shorten said last night that the alleged behaviour from Mr Foley “cannot be tolerated” and that Ms Raper deserved respect and support.

“The behaviour that Ashleigh described is clearly improper, inappropriate, it cannot be tolerated,” Mr Shorten told ABC radio in Perth on Thursday evening.

“Modern society has no tolerance for the behaviour which she described ... Whatever the details, Ashleigh I think needs, deserves, our support and understanding at this time.

“Considering the behaviour described, and what has happened hasn’t respected her wishes - I think something the rest of us can do is treat her with some respect”.

Ed Husic, the federal opposition human services spokesman, said Mr Foley would have difficulties staying in parliament while being involved in a lengthy court proceedings.

“He’s going to make a choice on that but I just think it’s going to be very tough for him looking at what’s transpired and the likelihood of a legal case based on what he was saying yesterday,” he told the Nine Network’s Today program.

“I think it’s going to be very tricky for him to make the decision to hold on and fight that legal case.”

Mr Husic, a NSW federal MP, also said he did not believe Ms Raper should go through a defamation trial considering she tried to keep her name out of the story.

The ABC reporter said she was forced to reveal her identity after NSW corrections minister David Elliott brought up the allegations against Mr Foley in state parliament, under parliamentary privilege, last month against her wishes.

“He’s going to have make that call I reckon (on whether to stay in parliament) but given where things are at and the prospect of a lengthy, protracted legal case which frankly I don’t think the person at the heart of it, in terms in Ashleigh, should have to go through,” Mr Husic said.

Federal Defence Minister Christopher Pyne said he did not agree with Mr Elliott’s decision to level the allegations in parliament.

“I don’t whether he said the thing he said in the parliament in the heat of the moment ... it’ doesn’t really matter,” he told the Today program.

“I have been in (federal) parliament for 25 and a half years and hopefully I’ve led by example. I haven’t said the kind of things that David Elliott has said in parliament.”

Labor crisis over sex scandal

As Labor was plunged into a leadership crisis just months out from the NSW election, police confirmed they had spoken to senio­r ABC management about the startling claim.

The reporter, Ashleigh Raper, issued a detailed statement yesterday about the night she “complete­ly froze” when Mr Foley allegedly slid a hand under her outfit in front of another journalist after a Christmas party in November 2016.

“He put his hand through a gap in the back of my dress and inside my underpants,” she alleged.

“He rested his hand on my ­buttocks.”

Raper claimed that Mr Foley had contacted her on Sunday, confirme­d the incident and said he would resign — only to renege two days later, saying he had legal ­advice not to step down.

She said he told her: “I’m not a philanderer, I’m not a groper, I’m just a drunk idiot.”

A defiant Mr Foley said late yesterday that he denied the claims but was resigning as leader because he was unable to fight to clear his name at the same time that he faced an election. “I’ve retaine­d solicitors and senior counsel to advise on the ­immed­iate commencement of ­defam­ation proceedings in the Federal Court of Australia,” he said.

NSW police said the claim would be taken seriously and thorough­ly investigated by detectives if Raper made a complaint. Given the nature of the allegation, potential charges could range from a lower-category sexual assau­lt to indecent assault.

At a caucus meeting as early as tomorrow, deputy Labor leader Michael Daley, the member for Maroubra, is expected to take over as opposition leader but could well face a contest against Kogarah MP and opposition water spokesman Chris Minns.

Scott Morrison said he would not act as “judge and jury” but he found the allegations to be shocking. “When I reviewed the statement that had been provided by the young journalist in question, (it was) very shocking,” the Prime Minister said. “The alleged behaviour of Mr Foley is very, very shocking and concerning.”

Labor’s defence spokesman Richard Marles described the scandal as a “really sad situation”.

“Ashleigh Raper has made her statement now. That’s a brave thing to do,” he told Sky News.

“There are obviously very ­serious allegations contained within it. I’ve got no doubt that Luke Foley and his team will be working through the repercussions of that as we speak.”

Raper, who referred yesterday to her “young family”, said she had made her statement because “women should be able to go about their professional lives and socialise without being subject to this sort of behaviour” and because she wanted to “get on with my life”.

She also took a shot at NSW Corrective Services Minister David Elliott for raising the matter under parliamentary privilege last month. “It is clear to me that a woman who is the subject of such behaviour is often the person who suffers once a complaint is made,” she said.

The ABC declined to respond to Mr Foley’s denial but news ­director Gaven Morris tweeted: “Ashleigh Raper is a strong and honest person. The ABC stands by this statement.”

Premier Gladys Berejiklian would be buoyed by the leadership change — less than five months before the state election — with the most recent Newspoll showing the government and Labor 50-50 on a two-party-preferred basis and the parliament headed for minority government. Recent internal polling showed similar results.

The future of Mr Foley in the parliament, despite his defamation threat, is said to be in doubt with Labor last night considering a disendorsement of him from his seat of Auburn. After Raper’s statement was released, Mr Foley dug in for several hours despite being advised by Labor MPs and head office to ­resign.

Raper alleged that Mr Foley called her on Sunday and spoke with her for 19 minutes.

“He said he was sorry and that he was full of remorse for his behaviour towards me … He told me that he had wanted to talk to me about that night on many ­occasions over the past two years because while he was drunk and couldn’t remember all the details of the night, he knew he did something to offend me,” she said.

Raper said Mr Foley told her he would resign on Monday or Wednesday and ruled out Tuesday as he didn’t want to appear to be “burying the story” on Melbourne Cup Day. “On Tuesday (November 6), Mr Foley called me again,” Raper said. “He repeated his apology and told me he owed me ‘a lot of contrition’. He informed me he’d received legal advice not to resign as Opposition Leader. He indicated he intended to follow that advice.”

Labor MPs last night expressed consternation at Mr Foley’s threat to sue. One Labor MP said reading Raper’s statement “made me want to vomit”.

Mr Daley has the support of Labor general secretary Kaila Murnain and is expected to have the numbers in a caucus ballot, ­although Mr Minns was making calls last night.

When The Australian first put the incident to Raper in April, she declined to comment and referred the newspaper to ABC Media.

Mr Foley’s office at the time threatened to sue The Australian if it published the full allegations.

Additional reporting: Deborah Cornwall