Liberal Gisele Kapterian abandons court challenge and concedes defeat in Bradfield

After 145 days, Liberal Gisele Kapterian has conceded defeat in the Sydney seat of Bradfield to her rival, independent MP Nicolette Boele.

A split image. On the left is a woman speaking. On the right is another woman speaking.

Independent MP Nicolette Boele (right) was declared the winner of the federal seat of Bradfield in June — a result that was challenged by Liberal rival Gisele Kapterian. Source: AAP / Steven Markham/Dean Lewins

Liberal Gisele Kapterian has abandoned her bid for Australia's most marginal seat more than four months after the federal election.

Kapterian said on Thursday she was "satisfied" the result was correct after a final review of the ballot papers and said she was abandoning a court challenge.

"After a final review of the ballot papers following the two different results in Bradfield, I am satisfied that, overall, the correct outcome has been declared," Kapterian said in a statement.

"We have taken the decision to no longer press the petition for a final review by the Court of Disputed Returns."

Independent MP Nicolette Boele won the Sydney seat of Bradfield at the May federal election by just 26 votes, ending the Liberal Party's 76-year hold on the seat.

Historically a blue-ribbon, safe Liberal seat, it was initially declared for the Liberals before a recount put Boele in front.

Kapterian challenged the validity of 151 ballot papers and, in July, lodged a petition to challenge the result. The hearing date in the Federal Court was set for 2 October, with Kapterian and Boele's lawyers permitted to analyse more than 700 ballot papers.

On Thursday, Kapterian said ballot paper interpretation is often difficult and subjective.

"With two different outcomes declaring two different winners, I'm grateful our electoral system anticipates and supports the need for further scrutiny through a statutory right," she said.

"In other words, after asking the on-field decision to go to the video umpire, we have had the opportunity to review the play and can now be satisfied the right call was made overall.

"I am disappointed to miss out on contributing from inside the party room but I will continue to play my part.

"I wish Ms Boele all the best in the role and I thank the people of Bradfield for this incredible opportunity."

The seat is the last in the House of Representatives to be finalised, not affecting either of the major parties' results, with Labor securing 94 seats to the Coalition's 43.

The Australian Electoral Commission (AEC) said the recount was conducted in front of candidate-appointed scrutineers and included a new count of all first preferences, a re-examination of all informal votes, a complete recount of the two-candidate preferred count and full distribution of all preferences.

The AEC found two instances of people voting twice, but were satisfied these were "inadvertent and not deliberate".

Electoral commissioner Jeff Pope said in a statement: "Australians can be confident that the AEC left absolutely no stone unturned when it came to scrutinising this extremely close election result under the very watchful eye of many scrutineers."

"I'd like to highlight in particular the work of the AEC's staff supervising the count, the recount, and the Court of Disputed Returns challenge for Bradfield.

"Their hard work, and their commitment to election integrity has met the very high standards that Australians rightly expect from the AEC at every federal election."

Kapterian had been tentatively named in Opposition leader Sussan Ley's extended shadow ministry in case she won her seat.

With additional reporting by the Australian Associated Press


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By Alexandra Koster
Source: SBS News


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