MP’s eligibility disputed
ONE of Prime Minister Malcolm Turnbull’s frontbenchers faces a legal challenge over whether he was eligible to be elected.
Labor has begun High Court proceedings against Nationals MP and Assistant Rural Health Minister David Gillespie, using the same law under which the High Court ruled then-crossbench senator Bob Day ineligible to be elected.
If the case succeeds, it could potentially cost the Turnbull Government its one-seat Lower House majority.
The case questions whether Lyne MP Mr Gillespie has an indirect financial interest in the Commonwealth due to a small, suburban shopping complex he owns in Port Macquarie that includes an Australia Post office.
The Constitution prohibits candidates from having a direct or indirect financial in- terest in any agreement with the Commonwealth.
Mr Gillespie reportedly has legal advice that his election was valid.
Former Labor candidate Peter Alley, who has launched the proceedings with the backing of the ALP’s executive, said he had not undertaken legal proceedings lightly.
“I don’t believe I have a choice but to make this application,” Mr Alley said.
“Over 100,000 people who voted in Lyne last year deserve to know that the Member for Lyne was eligible to be elected.”
Mr Gillespie won the seat of Lyne with 61.6 per cent of the vote at last year’s federal election against Mr Alley’s 38.4 per cent, after preferences.
He claimed 49.6 per cent of the vote on first preferences, compared to Mr Alley’s 26.6 per cent.
Shadow Attorney-General Mark Dreyfus first wrote to Attorney-General George Brandis to question Mr Gillespie’s eligibility in February and again following the High Court decision to disqualify Mr Day.
“The Attorney-General has not bothered responding to either of these letters,” Mr Alley said.
A spokesman for Mr Gillespie said he would not be able to comment because the matter was subject to legal proceedings.