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| High court rules Rod Culleton was not eligible to stand and orders recount | |
| (35 minutes later) | |
| The high court has unanimously ruled that Rodney Culleton was not eligible to run for the Senate at the time of his election because of his larceny conviction, which was later annulled. | The high court has unanimously ruled that Rodney Culleton was not eligible to run for the Senate at the time of his election because of his larceny conviction, which was later annulled. |
| The decision means that regardless of Culleton’s full federal court appeal against his bankruptcy, the former One Nation senator will not be able to win back his seat. | |
| The high court ordered that the vacancy created by Culleton’s ineligibility be filled by a special recount of ballots, meaning preferences will flow to voters’ next selection after Culleton. | The high court ordered that the vacancy created by Culleton’s ineligibility be filled by a special recount of ballots, meaning preferences will flow to voters’ next selection after Culleton. |
| That process is highly likely to return the second One Nation candidate, his brother-in-law Peter Georgiou, but there is an outside possibility that votes that gave other candidates second preference could swing the sweat to another party. | That process is highly likely to return the second One Nation candidate, his brother-in-law Peter Georgiou, but there is an outside possibility that votes that gave other candidates second preference could swing the sweat to another party. |
| Ironically, the result may benefit Culleton if his brother-in-law takes the seat, because the recount will deprive One Nation of its own pick to fill the vacancy. | |
| In December One Nation leader, Pauline Hanson, said Culleton was impossible to work with and that if Georgiou was selected and Culleton went to work for him the party would be “on the same merry-go-round”. | |
| But reacting to the court result on Friday Hanson said she was looking forward to Georgiou representing “Pauline Hanson’s One Nation” and welcomed him to the team: | |
| I look forward to having Peter Georgiou represent Pauline Hanson's One Nation & Western Australia. Welcome to the team Peter. #auspol pic.twitter.com/zUQ7BHcEzL | |
| It is not yet known whether, if elected, Georgiou would remain with One Nation or follow Culleton’s lead and split from the party. | |
| In November Culleton was referred to the high court by the Senate with Hanson’s support to determine his eligibility. | |
| Under section 44(2) of the constitution, a person is ineligible for election if they have been convicted and are subject to be sentenced for an offence punishable by a term of imprisonment of one year or more. | |
| In a joint judgment by justices Susan Kiefel, Virginia Bell, Stephen Gageler and Patrick Keane, with a separate judgment by Geoffrey Nettle, the court found at the time of the election Culleton had been convicted and was subject to be sentenced both as a matter of fact and law. | |
| The judges said the relevant time for determining eligibility was from the time of nomination until writs were issued and returned. | |
| Although annulment means people are to be treated “as if” they had not been convicted, that did not operate retrospectively to deny the conviction’s earlier legal effect. | |
| They said a fresh election was not necessary, ordering that votes cast in favour of One Nation and Culleton flow to the voters’ next preference in a special recount. | |
| Justice Nettle agreed and added that allowing people with a current conviction to stand at the election on the basis of appeals or possible future annulment would introduce uncertainty into the electoral process. | |
| Culleton was declared bankrupt by the federal court on 23 December, leading to Senate president Stephen Parry declaring his seat is vacant on 11 January. | |
| Culleton appealed the bankruptcy to the full federal court, and a result is also expected on Friday. Regardless of the result, he will not return as a senator when the Senate resumes on Tuesday. | |
| A high court hearing into Bob Day’s eligibility in a separate dispute will also be held on Tuesday. | |
| Guardian Australia has contacted the Australian Electoral Commission to determine how soon the recount will be conducted. | Guardian Australia has contacted the Australian Electoral Commission to determine how soon the recount will be conducted. |