from Gil Hanrahan in Melbourne
One Nation Senator Pauline Hanson, two of her senators and Attorney General George Brandis QC, have had criminal conspiracy charges filed against them in the Melbourne registry of the High Court of Australia.
The complaint was filed by former One Nation WA Senator Rodney Culleton on Friday June 23 and includes former colleagues senators Brian Burston (NSW) and Malcolm Roberts (Qld).
They have been charged under Section 43, Crimes Act 1914 (Cth).
The summons will be served by Mr Culleton on Monday, June 26.
Former senator Rodney Culleton, was sacked from the senate on Jan 12 after being found bankrupt by the Federal Court. His brother-in-law Peter Georgiou was nominated by the High Court to sit in his place as a One Nation senator for Western Australia.
Mr Culleton filed criminal charges of intent to attempt to pervert the course of justice in respect of the judicial power of the Commonwealth.
Mr Cullleton accused the senators of “seconding a motion in the Senate on the 7th November 2016, to refer the question of the possibility that Rodney Norman Culleton would be subjected to a term of imprisonment by a Magistrate at Armidale, and the Senate did refer the said Rodney Norman Culleton’s eligibility to the High Court.”
The charge further reads “…..and you allowed the matter to continue, even after an agreed Statement of Facts was filed in that Court proving beyond any reasonable doubt that the said Rodney Norman Culleton was never under potential imprisonment and thereby in breach of your sworn public duty, attempted to pervert the course of justice in respect of the judicial power of the Commonwealth.
“ (this is) An Offence against S 43 Crimes Act 1914 (Cth). Under S 129 (5) Evidence Act 1995, the transcript of proceedings in the Senate are admissible against you.”
The charges were filed in support of a notice under 78B of the Judiciary Act 1903 of a constitutional matter alleging the Attorney General had withheld the agreed statement of facts of the referral to the courts by a motion instead of a mandated petition which in any case exceeded the 40 day requirement to lodge an objection to the eligibility of a sitting member.
The agreed statements of fact were not filed in the HCA by the Attorney General.
Culleton said the statements of fact clearly show that he would never have been sentenced to imprisonment for the alleged theft of a truck key two years ago.
“I got no say and the agreed facts were never presented to the bench,” he said.
“Brandis should have filed the agreed facts that were signed of off by the Australian Government solicitor stating that I would never have been sentenced.
“Sect 25 (1) (a) of the Crime Sentencing Procedure Act says the local court must not make an order of imprisonment if the offender is absent.
“This matter has never been held at trial but was only based on non-agreed facts put to the HCA by Brandis.
“He has used taxpayers money to unlawfully remove me from senate at the request of the banks.”
No date has yet been set for a hearing.
Senator Hanson was unavailable for comment.
During Culleton’s short tenure sitting in the senate he forced the High Court to restore the Queen in legal process.
He says the restored ‘Queen of Australia’, does not exist. Culleton has been a huge thorn in the side of the banks, calling for a federal inquiry into banking practices after presenting evidence of widespread corruption involving farm foreclosures.
View documents of charges lodged;