High Court reserves decision on One Nation senator Rod Culleton's case
Updated
The High Court has reserved its decision on whether the election of One Nation Senator Rod Culleton was valid.
Key points:
- The High Court will determine if Rob Culleton was eligible to be elected to the Senate
- At the time of election Senator Culleton had been convicted of a crime but it was later annulled
- Senator Culleton argues under NSW criminal law that means the conviction never existed
The WA senator has been battling to hold on to his Senate seat amid a challenge to the validity of his election after the Senate voted to refer the matter to the High Court.
The Commonwealth is arguing that throughout the election campaign he had a conviction for larceny against his name, which disqualifies him from holding public office under the constitution.
Senator Culleton argues the conviction was annulled or quashed after the election, and therefore should have no impact on his tenure.
The main concern was that his election may have breached section 44(ii) of the constitution.
Counsel for Senator Culleton, barrister Peter King, on Wednesday argued there was no breach of the constitution because the conviction was annulled and Senator Culleton was never sentenced.
He was convicted in his absence and while the conviction was later annulled, that happened after the declaration of the polls following the July election.
The Commonwealth argued it was the fact of the conviction at the time of the poll that matters, not whether it was later found to be valid or invalid.
But Mr King told the court that was too "hard edged" and the annulment had the effect of erasing the conviction.
"The idea that my client had the legal status of a criminal between March and August this year is both wrong in law and fact," he said.
He also took aim at the Commonwealth case.
"My friend wants to put us back in the 19th century casting stones at convicts," he said.
It is not known when the court will deliver its decision.
The court will also consider the situation of Family First senator Bob Day, whose case has also been referred, early next year.
'I can't make someone love me'
Before entering the court, Senator Culleton said One Nation leader Pauline Hanson was not present and he had not spoken with her for "some time".
"I can't make someone love me," he said.
"That's OK, she doesn't want to get involved in court matters.
"That's a position she takes and if that is her position I can't help that. It's not personal."
On Tuesday, Senator Hanson said she could no longer work with Senator Culleton, saying he was running his own race and was not a team player.
She said if Senator Culleton lost the case, he would likely be replaced by his brother-in-law.
Senator Culleton said he had been honest with his party but did not rule out leaving the party if he won the High Court case.
"If you feel that you can get a better deal as one senator standing on his own, that's what you go for," he said.
"That's what the people want, they want someone who is going to perform, not a bloody muppet."
Topics: government-and-politics, federal-government, law-crime-and-justice, australia
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