This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at https://www.theguardian.com/australia-news/2016/aug/08/one-nation-senator-rodney-culleton-in-police-custody-after-turning-himself-in
The article has changed 4 times. There is an RSS feed of changes available.
Version 1 | Version 2 |
---|---|
Annulled conviction may not save senator Rod Culleton, legal academic says | Annulled conviction may not save senator Rod Culleton, legal academic says |
(35 minutes later) | |
New One Nation senator Rodney Culleton has had his conviction on larceny charges in New South Wales annulled, clearing the way for a fresh trial. | |
The result may improve Culleton’s chances of taking up his Senate seat but a senior legal academic, Tony Blackshield, has told Guardian Australia it may be too late because Culleton had been convicted when the result was declared on Tuesday. | |
The West Australian senator was convicted in his absence earlier this year for stealing a tow truck key from a driver who was trying to repossess one of his company cars in 2014. | The West Australian senator was convicted in his absence earlier this year for stealing a tow truck key from a driver who was trying to repossess one of his company cars in 2014. |
On Monday, Culleton turned himself in to Armidale police over an outstanding warrant related to his failure to appear in a NSW court to answer the larceny charges. | |
A NSW Police spokesman confirmed a man had been dealt with by police in Armidale and would be bailed to appear before the local court. | |
On Monday afternoon Armidale local court set aside the conviction and listed the matter for mention on 12 September to fix a hearing date. | |
Larceny carries a maximum penalty of five years’ jail. | |
Related: Potential One Nation senator fails in bid to delay trial over stealing charge | Related: Potential One Nation senator fails in bid to delay trial over stealing charge |
The constitution says anyone convicted of crime which has a punishment of one year or more jail can’t be a member of parliament. | |
A larceny conviction would therefore render Culleton ineligible to be a senator. | |
On Monday after the conviction had been set aside, Blackshield told Guardian Australia he thought it was too late for the court result to save Culleton. | |
“At the declaration of the polls, he was not qualified, he was incapable of being chosen,” he said. | |
“Even if the conviction is now cleared up, I think it’s too late. On Tuesday last week, we had the formal declaration of the Senate result and at that date he was arguably not capable of being chosen.” | |
There is no direct precedent for the situation. | |
Blackshield is a Macquarie University emeritus professor of law, visiting professorial fellow at the University of New South Wales and author of constitutional text Blackshield and Williams. | |
Reports have suggested that One Nation will be able to select Culleton’s replacement in the event he were found to be ineligible. | |
But in an analysis for Inside Story Blackshield raised the possibility ineligibility may require a recount of the Senate result because the candidate was not eligible to be elected in the first place, rather than merely vacating their position after their election. | |
He told Guardian Australia a recount would probably result in One Nation’s number two candidate being elected but it would require a recount. | |
A recount could only be triggered after a successful challenge of Culleton’s eligibility in the court of disputed returns or by the Senate itself, Blackshield said. | |
Culleton is also awaiting trial in WA later this month – the week before parliament begins – after he was arrested and charged for allegedly stealing a car being used by receivers from RSM Bird Cameron as they began foreclosure proceedings at a friend’s farm. | |
The senator won the 11th spot on the WA ballot. | The senator won the 11th spot on the WA ballot. |