Culleton will not go away greatly upsetting the Liberal Party and its High Court

Former Western Australian senator Rod Culleton would have scuttled the criminal activities of the banks had he continued in the senate but Liberal Senators Stephen Parry and George Brandis, and their subservient courts acting under instruction from the ‘banks collective’ acted unlawfully by removing Culleton from the senate.

Parry has been compromised by his part in the Port Arthur massacre and will do everything he is told.  Parry’s involvement in the Port Arthur scam has previously been revealed in Cairns News.

Cairns News has no misgivings that the phantom government is making the Liberal Party lean very hard on Parry and Brandis to keep Culleton out.

In reality the WA businessman and Liberal sycophant Dick Lester spent $1.6 million in legal fees, pursuing Culleton for an alleged $205,536.50 debt that resulted in his unlawful bankruptcy.

Former WA senator Rod Culleton warns of biggest Constitutional alteration since Federation

 

Culleton’s affidavits showed that Lester was not interested in any financial payout but instead wanted Culleton to give him the patent to his invention and the shares to his company.

Culleton believes that Lester used the courts to try to gain control of Culleton’s company and colluded to ensure his removal from the Senate.

Read this explosive story below and weep at the corruption in our parliaments and courts.

 

CULLETON SIGNALS “MAY-DAY” FOR WA

by Saraya Beric

West Australian ‘Senator in exile’, Rod Culleton is firing shots from all angles to reveal the truth in relation to his unconstitutional removal from the Senate earlier this year.

The resilient farmer was disqualified from the Senate on 23rd December  2016 over a purported bankruptcy. He and others have now filed petitions into the Senate under Standing Order 207, which allows people to dispute the election of his replacement. Mr Culleton says that he has filed a 231-paged affidavit into the High Court yesterday making this move, after learning from a ‘leaked source’ that the Government is moving to sue him for the salary he collected as a  duly elected Senator for West Australia.

“In January, Senator Parry declared that I had been disqualified, yet the bankruptcy matter was still before the court at the time. He ignored the court stay on all proceedings and the notices from my legal team; he interfered with the process and I believe he breached both the Bankruptcy Act and Commonwealth Constitution,” Culleton argued.

“Senator Brandis, as Attorney General, was also asked to intervene to ensure a lawful and transparent process but was found derelict in his duty in refusing to act to rectify the anomalies. This matter is very serious, as it constitutes a breach of the Senate Standing Orders and both Brandis and Parry, I believe, are in contempt of the Senate standing orders.”

“Furthermore, the Governor of West Australia, who had the jurisdiction to appoint a replacement Senator because the WA State Parliament was not sitting, had not ratified the appointment. The procedure under Section 15 of the Commonwealth Constitution clearly demands these procedures are followed, however there is no evidence to suggest this has happened. Documents tabled in the Senate show that Senator Parry used the 10th March, 2017, Court of Disputed Returns Order over a matter which had been annulled, to fill the ‘vacant position’ instead, clearly showing that correct procedure was not adhered to.”

“Senator Parry has crossed the legal boundaries, breaching his responsibilities as Senate President and must review the Senate rules on this matter. He is not above the law and has clearly usurped the powers of the Senate and the West Australian Parliament. This has become an embarrassment for the government and the evidence points to Senator Parry and Senator Brandis having mislead the Senate.”

“My submissions state that the Supreme, Federal and High Courts breached Constitutional clauses, the Parliamentary Privileges Act and the Senate’s manual on its powers, procedures and practices, OdgersSenate Practice, which instructs that ‘no vacancy is to be filled until an outcome is final, or that placement will be void’” .

In addressing these actions and omissions of the government and the courts in this matter, this will also expose the constitutional breaches of both groups and their failure to curtail the actions of the banks and their agents regarding bank foreclosures and evictions and will clear a pathway for those disenfranchised farming families, home and business owners and individuals to receive restoration of properties and/or restitution, deeming the sale and actions by the bank and their agents ultra-vires”and ultimately ending the criminal behaviour by those financial institutions and their agents.

“I will not turn my back on this travesty of justice. I will uphold the oath I swore to represent the people of West Australia, in accordance with the Westminster system of democracy not an unconstitutional, republican impost. The evidence I have now filed must be dealt with as a matter of public importance – the process and decisions made by our politicians must be lawful.

SUMMARY OF GEORGIOU APPOINTMENT & EVENTS

  1. Culleton was removed from the Senate due to a bankruptcy on 23rdDecember 2016 (still under a stay by the courts), not the pending Court of Disputed Returns judgement relating to the larceny “conviction in absentia”.
  • Parry wrote to the Governor of WA on 11thJan 2017 to declare the vacancy;
  • Parliamentary website states that Culleton was disqualified over a Bankruptcy. The bankruptcy proceedings were under a stay by the courts at that time, hence, Senator Parry and all others had no lawful right to act and were in breach of a court action in doing so.
  1. If a disqualification happens during the Senate term, then a vacancy is created under Section 15 of the Constitution however lawful procedure has not been followed.
  • There is no evidence to show that the Governor of WA, Kerry Sanderson has appointed Peter Georgiou.
  • The WA Parliament was currently not sitting and hence the WA Governor had the jurisdiction;
  • On 8thMay, the WA Governor’s Secretary informed Culleton that the Governor should have written to him, to inform of his replacement but this did not occur;
  • Senator Parry, appointed Peter Georgiou, unlawfully using a High Court Order from a separate matter, instead of following S15 of the Commonwealth Constitution Act.

 Casual vacancies –

“If the place of a senator becomes vacant before the expiration of his term of service, the Houses of Parliament of the State for which he was chosen, sitting and voting together, or, if there is only one House of that Parliament, that House, shall choose a person to hold the place until the expiration of the term. But if the Parliament of the State is not in session when the vacancy is notified, the Governor of the State, with the advice of the Executive Council thereof, may appoint a person to hold the place until the expiration of fourteen days from the beginning of the next session of the Parliament of the State or the expiration of the term, whichever first happens”. – Commonwealth Constitution Act 1901.

There is no evidence that either the WA Governor, or the Executive Council of the government of WA appointed the ‘replacement’, or took place in that selection process. No such notifications or advices were provided to Rodney Culleton, as advised by the Governor’s Secretary.

  1. Culleton’s Bankruptcy Appeal was filed in the High Court on 9thFebruary 2017
  • The Federal Court did not follow the mandatory procedures for declaring a bankruptcy;
  • The Federal Court ignored that a bond to cover the purported debt was offered;
  • According to Odgers’ Senate Practice (Chapter 6):

An undischarged bankrupt or insolvent is subject to the control of creditors or the courts;

  • Culleton is not under the control of any receiver and is in control of his assets. An appeal was filed so Culleton was not subject to the court order handed down on 23rdDecember 2016, for which a stay was directed by the court.

 

  1. Culleton and Dick Lester reached an agreement on 13thApril, which will settle the bankruptcy matter.
  • Lester has spent $1.6 million in legal fees, pursuing an alleged $205,536.50 debt.
  • Culleton’s affidavits showed that Lester was not interested in any financial payout but instead wanted Culleton to give him the patent to his invention and the shares to his company – Culleton believes that Lester used the courts to try to gain control of Culleton’s company and colluded to ensure his removal from the Senate.

 

  1. Culleton’s election was also declared void by the Court of Disputed Returns on 10thMarch 2017.
  • The Court did not take the “Statement of Agreed Facts” into account when presiding over the case, instead using a disputed first draft of that statement;
  • Culleton was never ‘under sentence’ or ‘subject to be sentenced’ as required under Section 44 of the Constitution, as the conviction was in ‘absentia’ and under the Crimes (Sentencing Procedure) Act, this cannot impose a sentence of imprisonment.’
  • Culleton’s annulment application to the ‘conviction in absentia’ was accepted on 24thMarch 2016 and at that point, under the Crimes (Appeal and Review) Act, the court had to hear the case as if there was no conviction or sentence. This was when the conviction was removed, well before the 2 July election.
  • Odgers’ Senate Practice (Chapter 6) deals with disqualifications and according to the procedure, Culleton’s seat should NOT have been declared vacant as the annulment was successful, i.e., the conviction never existed  (cannot file an appeal).

Presumably if a conviction is quashed on appeal the vacancy which was taken to have occurred upon conviction and sentence is then taken not to have occurred. If such a presumed vacancy has been filled the filling of the vacancy would then also be voidand the members place should not be filled until any appeal against the conviction is determined.  – Odgers’ Senate Practice

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