A former ACT opposition leader's complaint that a party colleague made a violent threat in a meeting should be dismissed, the Legislative Assembly's standards watchdog has found.
Leanne Castley sensationally quit the Canberra Liberals in June, accusing her old party of allowing a toxic culture and saying she had been threatened with physical violence.
But while the Assembly's standards commissioner acknowledged "somewhat intemperate" behaviour, he found no breach of the code of conduct.
Ms Castley made a complaint to the standards commissioner about an interaction with Chiaka Barry, in which Ms Castley claimed Ms Barry had made a threat in the presence of Opposition Leader Mark Parton.
"While I am disappointed with the way the investigation was undertaken, particularly the failure to interview witnesses or to test claims that were central to the commissioner's conclusion, I accept that the matter has now been closed," Ms Castley said on Tuesday.
Ms Barry came forward to identify herself as the Liberal likely at the centre of Ms Castley's allegation of a threat.
Ms Barry said she had told Ms Castley "if you come at me the way you did, I would have no choice but to come back at you" at a meeting after a tense interaction in the Legislative Assembly chamber last month.
The statement prompted Ms Castley to make a formal complaint that Ms Barry had breached the members' code of conduct.
But a report of the Legislative Assembly's administration and procedure standing committee, obtained by The Canberra Times, showed the standards commissioner, Ken Crispin KC, rejected the complaint.
"In the present case whilst Ms Barry's words may not have involved a threat of physical violence, they did involve a warning that if she continued to behave aggressively towards her, she would 'come back' at Ms Castley, albeit in an unspecified manner," Dr Crispin said.
"Whilst this may have been somewhat intemperate, I am not satisfied that in the circumstances it was wholly unreasonable or that it involved a breach of [the code of conduct]."
Ms Barry on Tuesday said she welcomed the findings, which were a clear vindication of her character.
"The complaint has been dismissed, and the matter is now closed," Ms Barry said.
"As the Canberra Liberals' shadow attorney-general and spokesperson for the prevention of domestic and family violence, I remain focused on the important work of holding this underperforming government to account, and committed to working for Canberra families and my electorate of Ginninderra."
Ms Castley had told the standards commissioner she was called to a 9am meeting in Mr Parton's office on May 7 after an interaction in the chamber the day before.
"At that meeting, Mark said he didn't want to discuss why the comment was made the day before but how I did it. I agreed and apologised immediately and assured them it wouldn't happen again," Ms Castley said.
"Mark asked Chiaka to respond, at this time, she raised both of her firsts and mimicked bashing the table. She then hurled a barrage of accusations at me about being a bad leader and giving her bad portfolios.
"She then went on to say that if I ever do this to her again, she would come after me and physically come at me."
Ms Barry categorically denied raising both fists and mimicking bashing the table, and also denied yelling or behaving aggressively in the meeting.
"Such[an] accusation is completely unsound and illogical given that Ms Castley had apologised, meaning that I had no reason to behave in the erratic way alleged," Ms Barry told the standards commissioner.
"To reiterate, I do not deny that the conversation was robust, but it absolutely did not descend into table bashing and unhinged, aggressive gesturing."
Ms Castley's complaint said Ms Barry "stopped yelling and left the room" and she had a conversation with Mr Parton in which he said he did not believe Ms Barry understood what she meant by that, which Ms Castley disagreed with.
At the end of a shadow cabinet meeting later that morning, Ms Barry repeated her threats, Ms Castley's complaint said.
Ms Barry said she did not threaten Ms Castley in the subsequent meeting and the allegation was false.
"I mentioned the incident at shadow cabinet because it was inevitable that other members and staff would hear rumours about the incident the day before, so I wanted to disclose the conversation immediately," she said.
"I noted that while Ms Castley had apologised, she insisted that I had debated the wrong bill and that if she kept picking on me 'I will have no choice but to come back at [her]'."
Ms Barry's response said the earlier interaction in the chamber included Ms Castley saying words to the effect of: "F--- you. You've debated the wrong f---ing bill. You guys can't get anything right."
Dr Crispin said he had no reason to doubt Ms Castley genuinely believed Ms Barry's words and body language were threatening but the crucial issue was what Ms Barry actually meant.
"Mr Parton recalled that Ms Barry immediately explained that her words had not been intended as a threat but as an explanation that if Ms Castley continued to behave aggressively towards her Ms Barry would respond accordingly," Dr Crispin said.
"I am not satisfied this explanation should be rejected."
The report showed Ms Barry was given the chance to comment on draft findings but Ms Castley was not.
The Assembly's standing administration and procedure committee recommended in light of Dr Crispin's findings, the complaint be dismissed and no action be taken.
