ROD Culleton says he’s going to, “concede to a self-imposed moratorium” on his role as a federal Senator but is still planning to fight his recent disqualification.
Mr Culleton made the bizarre statement at a media conference in Perth today where he talked-up his record in federal parliament since the July election last year – but stopped short of declaring his political career was over, due to a string of legal challenges.
The former WA One Nation Senator said he would appeal against the bankruptcy decision handed down in the Federal Court on December 23 last year which led to Senate President Stephen Parry providing official notice last week that he was no longer eligible to be a member of parliament, under constitutional rules.
It’s understood formal processes have now started within the machinery of government allowing Mr Culleton two weeks to vacate his Perth office and one at Parliament House in Canberra, starting from the time of being officially notified in writing last Thursday.
His parliamentary salary of about $200,000 per year has also been halted while office staff members have also been informed of their fate and must also return specific parliamentary equipment, such as mobile telephones and computers.
While that recovery process is standard procedure for Senators after retiring or not being re-elected, Mr Culleton’s situation is highly unprecedented and doubts exist as to whether the defiant former Williams farmer will try and attend the first day of parliament for 2017, on February 7.
Mr Culleton declined to answer pointed questions put to him by reporters today about whether he was still being paid and terminated the media conference abruptly.
“That is all - I’ll be remaining in my office,” he said.
Earlier, Mr Culleton said, “I am not going anywhere”.
“I’m actually going to concede to a self-imposed moratorium on myself as a Senator and I will not be attending any functions,” he said.
“Although I haven’t had time to do that; I’ve been working very hard.”
Senator Culleton said he wouldn’t be handing back his car because “I don’t have a car from the government”.
“I’ve used my own car, so I’ve essentially saved the taxpayer a lot of money there,” he said.
“I don’t even basically use the government’s mobile phone; I use my own and I pay for it myself.
“I’m not like all the other politicians that have gone on outrageous spending on personal travels.
“I’m very proud to be a Senator – I am not bankrupt - I will appeal and I am solvent.
“I’m not insolvent and life will go on.”
Asked why he didn’t repay his debts, if he wasn’t bankrupt, Mr Culleton claimed he had a right to appeal the ruling on the creditors’ claim pushed by former Wesfarmers director Dick Lester through his company Balwyn Nominees, which triggered his bankruptcy.
Mr Culleton said his lawyers had “politely written to Senator Parry” challenging the matter.
“I believe the government has prematurely shot the gun and that’ll have to be a question brought up by my solicitors,” he said.
“Senator Parry has usurped his powers that he doesn’t have.
“No one is above the law.
“I don’t want to go and pick fights with my president but at the end of the day it’s not only about me it’s about my constituents for Western Australia; they have elected me.
“I’ve gone in and done a bloody good job in a short period of time despite all the attacks and I’m still on my feet.”
Mr Culleton said he was “very proud” of his achievements in a short period of time in politics listing several achievements including going down in history for changing High Court rules after it was previously not swearing allegiance to high authority.
“I have kept multiple farmers on their farmers producing for the Australian budget – and kept them out of jail,” he said.
Mr Culleton said he’d also reduced the backpacker tax rate to 13.5 per cent, by getting the best deal on the day and “certainly brought the constitution alive”.
But he refused to concede his political stint was over, following the receipt of Senator Parry’s letter last week.
“I’ve certainly left my mark in politics,” he said.
Last week the Federal Court allowed Mr Culleton another seven day stay of proceedings under the original sequestration order, for the bankruptcy ruling made on December 23, that’s now due to expire on January 20.
However, it’s understood the stay does not alter the court’s bankruptcy decision and only allows Mr Culleton more time to manage his private affairs around the sequestration process.
But Mr Culleton’s lawyers wrote to Senate officials saying they disagreed with the “assumption” that their client was an undischarged bankrupt, due to the stay order.
That letter also said writing to the governor of WA to declare that there was a vacancy in the state’s federal representation, due to the court’s ruling, was also “premature”.
A ruling from the High Court on whether Mr Culleton was eligible at the time he signed his nomination form for One Nation, ahead of last year’s election, will also determine the method of filling the new vacancy and is not expected to be known, until the end of his month.
Mr Culleton said, “At all material times, right through my campaign, that I funded myself, I’ve been branded a criminal through a $7.50 key and now I’m being branded as a bankrupt through an erroneous judgment – which I refute”.
“I am not a bankrupt - I also want to say that the press is not telling the true story,” he said.
But one experienced federal Senator who asked not to be named said Mr Culleton was “making a fool of himself” by defying the obvious and should accept that Senator Parry’s legal advice was solid.
“The horse is well and truly dead; stop flogging it,” the source said.
“If I got a letter from Senator Parry quoting the constitution I’d understand it would have been the result of him being able to access the best legal opinion.
“If it was me, my attitude would be to go to straight my office and collect my papers and get a new mobile phone.”
Mr Culleton also faced a court hearing in Perth today over an attempt by former associate and one-time Bremer Bay farmer Frank Bertola to add a creditors’ petition claim of about $4 million, onto Mr Lester’s bankruptcy judgment.
Mr Culleton said it was an “incurable application” but he’d been alerted to a loop hole in e-lodgements with the Federal Court, where there was no vetting.
Mr Bertola said the hearing lasted about 20 minutes and his claim - which also included multiple farmers and farm businesses such as grain suppliers linked to Mr Culleton’s horse feed company Elite Grains - was dismissed on a technicality.
He said the registrar who presided on the matter ruled there was an inadequacy given the creditors’ petition was filed, on December 22, when the outcome of Mr Lester’s claim was unknown.
“This so called appeal has to happen – but we’ll re-submit it afterwards,” he said.
“The registrar did not grant time to amend the claim but will come back with a new application.”