Ousted West Australian senator, Rod Culleton has not given up the prolonged battle rectifying his unlawful sacking from the senate earlier this year.
Last week Culleton appeared before a single judge of the Federal Court to appeal his removal from the senate.
He says the written law is on his side, but has been selectively ignored by courts and the former Attorney General, George Brandis, who is set to leave Australia after recently being appointed as High Commissioner to the United Kingdom.
“Under s44(ii) of the Commonwealth Constitution, a person who is convicted of an offence carrying 1 year or more jail time must also be under sentence or subject to sentencing in order to be ineligible,” Mr Culleton said.
“Because I was absent at my “tow truck key” Magistrates Court hearing in Armidale (NSW) before being elected to the senate, I was convicted of larceny in absentia but under the NSW Act, this type of conviction can never carry a sentence of imprisonment.
“The Australian Government Solicitor also signed off on this fact in a Statement of Agreed facts on November 25, 2016. (see link below)
“However, former Attorney-General George Brandis and former Senate President Stephen Parry ignored the advice of the solicitors and proceeded to have me removed from Parliament, with the support of Pauline Hanson and my former colleagues at One Nation.
“I have always maintained that when I filled out my AEC nomination form that I was eligible to stand as a candidate and this is why! The Court of Disputed Returns (High Court) did not hear all evidence in my case and changed wording in a NSW Act of Parliament in order to make my eligibility questionable when it was not. This is why my team and I have not given up.”
The Federal Court reserved judgement until next year on Mr Culleton’s appeal.
“The truth is being exposed. Is this why George Brandis is leaving the country?”
Click to read or download: Culleton- agreed facts