'Let's not talk about the constitution': Culleton self-represents in High Court appearance

Parliament and the High Court have been called into question in a submission by One Nation senator Rod Culleton.

One Nation Senator Rodney Culleton

Pauline Hanson says she will welcome Rod Culleton back to the Senate if his eligibility is confirmed (AAP)

One Nation senator Rod Culleton will get his day in court to argue he was lawfully elected, declaring that if he's "swatted like a mozzie" he"ll still have done his bit for Australian history.

Appearing unrepresented before the High Court on Monday, the senator suggested one option would be for chief justice Robert French to strike out the case against him forthwith.

And when it was suggested he seek out his own legal counsel, Senator Culleton said the issue was trying to find senior counsel who loved One Nation.

"We are in politics now," he said.

Senator Culleton was flanked by staff as he arrived at the High Court building in Canberra for a directions hearing.

"If I'm swatted today like a mozzie, well then I have done my bit in Australian history and no one can say I haven't given it my best shot," he told reporters.

The High Court, sitting as the Court of Disputed Returns, will consider a legal challenge to his election.
"Can I be very frank with you - my wife is a psychologist and I can tap in 24/7 and the last report I got out of her, she said I was a machine."
The constitution says anyone with a conviction carrying a potential jail term of one year isn't eligible to sit in parliament.

At the time he nominated for the senate in Western Australia, he'd been convicted in absentia of larceny of a towtruck key.

That conviction was subsequently annulled. The key legal argument will be whether that annulment retrospectively removed the constitutional bar to his election.

Justice French said there was a public interest in resolving the case as soon as possible to confirm composition of the senate.

Senator Culleton said he needed more time to prepare his case, hinting he might appeal to the full bench if he didn't get it.

He also raised concerns about his ability to pay for legal representation.

"I need to financially rehydrate my piggie bank," he said.

The senator may end up being represented one way or another.

Justice French said if he doesn't hire his own lawyers, either from his own pocket or with some funding assistance from the Commonwealth, the government will have to appoint a lawyer to argue the case for his eligibility.

That lawyer would be a "friend of the court" who wouldn't formally represent Senator Culleton, who would still be able to speak on his own behalf.

The case will be heard around the middle of December.

Senator Culleton has foreshadowed a colourful case, suggesting he could argue parliament hasn't been properly constituted since 1990 because "the Queen has been removed from the enacting words of the parliament".

In a confused exchange during his brief hearing, Senator Culleton asked to be judged on his character and as a "proud West Australian".

The Sydney Morning Herald the senator declared himself to be "actually not a bad bloke, really" and that he disagreed with Justice French over what the hearing should be about.

"Let's not talk about the constitution," Senator Culleton said, as Justice French tried to explain the hearing was not about the senator's personal character.

"We are talking about the constitution," Justice French said.

Outside the court, Senator Culleton told reporters he had "already won" and was still keen to have his case heard by a jury, despite the fact that his case does not qualify for one.

"I want a fair trial and I do want a jury," he said.

He also downplayed any suggestions the case and the lack of support from One Nation leader Pauline Hanson was affecting him mentally.

"Can I be very frank with you - my wife is a psychologist and I can tap in 24/7 and the last report I got out of her, she said I was a machine," he said.

"So I am not mentally deranged at all. In actual fact, I'm learning as we go along. It's character building."

Also to have his day in court will be former Family First Senator Bob Day, whose eligibility for election is being challenged on grounds he received an indirect benefit from the government over his Adelaide electorate office.

That's substantially more complex than Senator Culleton's case, with a hearing likely in February.

One Nation leader Pauline Hanson says she will welcome Senator Culleton back to the floor of parliament if his eligibility is confirmed by the High Court.

"Of course, I am very happy to have four senators," she said.

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4 min read
Published 21 November 2016 11:14am
Updated 21 November 2016 4:59pm
Source: AAP


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