Culleton confident of High Court victory

Senator Culleton and his legal team faced the High Court in Canberra today as part of legal proceedings referred by the Upper House last month, to answer a lingering question about whether he’s entitled to stay in federal parliament.

Sitting as the Court of Disputed Returns, the court proceedings are testing if Senator Culleton breached the constitution of election rules when he signed his nomination form ahead of the July 2 federal poll, to run for One Nation.

At the time, he was convicted in his absence and awaiting sentencing for a larceny charge that carried a penalty of up to 12-monthys jail.

The tow-truck key charge stemmed from a heated incident during a vehicle repossession attempt, at Guyra in NSW, linked to Senator Culleton’s horse feed business.

The One Nation Senator’s barrister Peter King put forward a range of legal arguments in court today about whether the authority existed to disqualify him from parliament, given that conviction was eventually annulled.

Mr King outlined several case precedents and told the court an annulment was stronger than a reversal or an appeal, for overturning a conviction carrying such a sentence, and therefore made a judgement “absolutely voided”.

He said the annulment meant it was also wrong to treat his client as a criminal during the period that the absentee conviction stood - from March to August - and apply the conviction.

The court was also told that a warrant for Senator Culleton’s arrest wasn’t issued until the day he appeared at the court voluntarily, when the conviction was then annulled and the matter re-set for another date.

Another member of Senator Culleton’s legal team - aviation lawyer John Maitland - spoke to assembled media after the day’s hearing.

He said the court had reserved its decision today at the hearing’s conclusion and would publish its decision in due course.

“It was a long and complex hearing which the judges will take due consideration of all the points raised and we’ll just have to await the outcome,” he said.

“I wouldn’t try to hurry them – the court will do it properly and in a reasonable time.

“There are only the five judges that were up before us and they’re the ones that make the decision.”

Mr Maitland dismissed a suggestion the judges had got rid of some arguments and disputed claims made by Senator Culleton’s legal team during testimony, saying they often clarified issues.

“I wouldn’t read too much into that,” he said.

Mr Maitland said he wasn’t bothered by not winning an adjournment that the legal team sought this morning, at the start of proceedings, to have the matter returned to the Senate for consideration.

He said the Senator’s legal team had put forward the annulment argument “pretty strongly” and “particularly because it was with an inferior court”.

After the hearing, Senator Culleton also fronted the media saying he was now confident of winning.

“From a layman looking at it all, at one stage I thought it was a real challenge for the judges, because it was the legal fiction about annulment,” he said.

“I have to question whether this is how people in Australia in our democracy can be dealt a lethal blow in absentia.

“My prevention of actually going to the court in Armidale on that day was through a wrong date from the solicitors, on the record saying, it was the 3rd when it was actually the 2nd (of March 2016).

“The other point was, I was actually on bale so I couldn’t breach that bale – and geographically just couldn’t get there.

“I think at the start it was over the judges’ heads for a while but then as clarity came through and we had good case precedents there; I believe we’ll win it.

“We’re talking (about) a little pocket key that was lost, so essentially, to the Australian people, if you stay at a motel and forget to hand your key in, you can now come to the High Court and be held up for stealing the motel.”

Senator Culleton said until the High Court made its verdict, he remained a Senator but added, “There may have to be a recall of the Senate, l I don’t know”.

“At the end of the day it’s in the hands of the court isn’t it?” he said.

“I can’t do anything about it.

“I’ve done my best.

“I’ve come and delivered the terms of reference to the Royal Commission (into banking).

“I’ve said to the Australian people the Prime Minister now has all the irrefutable evidence of the crimes that have been committed out there in the financial industry and unless he acts on it he could be aiding and abetting.

“There must be a Royal Commission in this country.”

Senator Culleton was also due to face court in WA tomorrow on bankruptcy charges that could also influence his Senate eligibility but said that case had now been adjourned.

He stated he would “finish off” his legal opponent on that matter, before being cautioned by Mr Maitland against continuing to comment on the case that remains before the courts, to the assembled media.

“Will see how it plays out,” he said.

Former Wesfarmers director Dick Lester is attempting to bankrupt Senator Culleton over long-standing debts relating to the potential purchase of $17.8 million farm in WA.

The One Nation Senator was again forced to answer questions about rising tensions within his party and a split with leader and Queensland Senator Pauline Hanson.

“I haven’t heard her slag me off,” the former farmer from Williams in the WA Wheatbelt, told reporters.

“You know what, I might have an ATM - avoid the media - and might just need to keep out of your sight for a while.”

While Queensland Independent MP Bob Katter attended court to support Senator Culleton’s legal challenge, there was no such backing from his other One Nation party members.

But Senator Culleton said he was now looking forward to returning to WA, given his elderly mother was taken ill.

“Unfortunately my mother was sent to emergency in Bunbury last night which is quite distressing and I want to get home with the family,” he said.

“I’m just looking for a rest; the last two weeks have been very exhausting.

“I’ve got a sick mother at the moment and I need to go home and put my real values first.

“Like I said, I’ve already won.

“I’ve come to the parliament - I’ve simply delivered my message in relation to the judiciary system and if this doesn’t lead by example what does?

“How can a little pocket key come right up to the High Court?”

During today’s hearing a One Nation supporter was also ejected from the court by security guards for heckling and shouting “this is a star chamber, this is a kangaroo court”.

Senator Culleton’s chief of staff Margaret Menzel also showed media a hand written note from Mr Katter saying, “Rod is a good man – a good Australian”.

“He has fought the good fight,” Mr Katter wrote to Senator Culleton’s wife Ioanna who was also in court today supporting her husband.

“A bloke did that 2000 years ago they didn’t thank him for it.”