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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
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| Annulled conviction may not save senator Rod Culleton, legal academic says | Annulled conviction may not save senator Rod Culleton, legal academic says |
| (17 days 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. | 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 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. | 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. | 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. | 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. | Larceny carries a maximum penalty of five years’ jail. |
| The constitution says anyone convicted of crime which has a punishment of one year or more jail can’t be a member of parliament. | 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. | 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. | 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. | “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.” | “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. | 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. | 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. | 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. | 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. | 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. | 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. | 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. |