The Legal Practice Board of Western Australia has poured cold water on a bid by two legal ethics academics to start an investigation into the attorney general, Christian Porter.
In an interview with Guardian Australia, the executive director of the board, Libby Fulham, questioned whether the academics had standing to bring a complaint or any “substantive evidence” of the allegation that Porter sexually assaulted a 16-year-old girl in January 1988 when he was 17.
The comments appear to close off another possible avenue to investigate the allegation, as frustrated friends of the deceased complainant call for an independent inquiry.
On 3 March, Porter publicly identified himself as the cabinet minister accused of the sexual assault in a statement sent to the prime minister and other parliamentarians. He strenuously denied the allegation.
The New South Wales police closed its investigation without interviewing Porter citing an absence of “admissible evidence” because the alleged victim withdrew her complaint in June 2020 shortly before taking her life.
The government opposes an independent inquiry, but Scott Morrison has said he would welcome a decision by the South Australian coroner to hold an inquest into the woman’s death.
On Wednesday professors Julian Webb, of Melbourne Law School, and Adrian Evans, of Monash University, sent an email to the board’s complaints committee requesting it “open an investigation into the historic allegation of sexual assault” against Porter.
The pair said although they didn’t want to “prejudge” the issue they believed that, in the absence of any other inquiry, “the matters alleged constitute sufficient grounds” for an inquiry into whether Porter is a “fit and proper person” to remain on the roll of legal practitioners.
Earlier on Wednesday, Fulham said the board had not yet received the complaint but suggested it would face significant procedural hurdles.
Fulham agreed that if the board was “reasonably satisfied” that Porter had engaged in the alleged conduct then it could consider the complaint.
But she said there was “no substantive evidence to support” the allegation of sexual assault and it was “not clear” on what basis it could conclude Porter was not a fit and proper person.
Pressed as to why the alleged victim’s written statement could not be considered, Fulham said it would “depend” on what the legal academics were complaining about.
“It also depends on whether they have standing,” she said. “Any legal practitioner can bring a complaint but they also have to have some direct personal interest in the matters complained of that allegedly occurred 33 years ago.
“Suffice to say: we’re not currently investigating Christian Porter.”
Earlier on Wednesday, Morrison dug in by declaring Porter was “an innocent man under our law”. Given the attorney general will not return to parliament by 15 March, the home affairs minister, Peter Dutton, will serve as acting leader of the House, while Michaelia Cash will serve as acting attorney general.
On Wednesday attention swung to the Labor side of politics after a former adviser, Anna Jabour, warned in an op-ed published on News.com.au about the culture within the Labor party during her time working for the then Gillard government.
Asked about Jabour’s piece, the South Australian Labor MP Amanda Rishworth “100%” encouraged all Labor staffers to come forward with their own stories.
“I have never and I don’t think anyone in Labor has suggested that this is just one side of politics or another,” Rishworth told the ABC on Wednesday afternoon.
“And that’s why actually you had Labor people actually calling for an independent inquiry, not saying, not just wanting to see the Liberal party investigated but actually call for an independent inquiry across the whole parliament – for staffers and people who have worked in the building to come forward.
“So I certainly have acknowledged that it is not just one side of parliament, that we do need to change the culture of Parliament House and I agree [it needs to change] across society where those power imbalances actually exist and so I think an important step is for this inquiry to occur. I would encourage any staffers on any side to come forward and tell their story.”
Dr Fiona Martin, who holds the New South Wales seat of Reid for the Liberal party, also encouraged all staffers to come forward with their stories.
But pressed on why the government had not gone to the solicitor general for advice on whether an independent inquiry into Christian Porter’s fitness to sit in the cabinet could be held, Martin did not answer the question.
Asked repeatedly about the reasons not to go to the solicitor general, Martin answered “no one is above the law” at least seven times in the short interview, without explaining how seeking advice from the commonwealth’s legal authority would impact ‘the rule of law’.
“I think it is important that cases are investigated but I also think it’s incredibly important that no one is above the rule of law, and that people are innocent until they are proven guilty,” she said.
“If we start doing this then we are going to get into a very dangerous place where people who are alleged to [have committed] crimes are treated as criminals until they are proven guilty.
“What a dangerous world that would be.”
Guardian Australia contacted Porter and Labor for comment.
• In Australia, the crisis support service Lifeline is 13 11 14. If you or someone you know is impacted by sexual assault, family or domestic violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au. In an emergency, call 000. International helplines can be found via www.befrienders.org.
