The newly elected One Nation senator was arrested and taken into police custody after he turned himself in over an outstanding warrant for failing to front court over larceny charges.
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The charges relate to the alleged theft of a $7.50 key from a tow truck driver who was trying to repossess a vehicle he was leasing.
Mr Culleton was convicted after failing to attend a court hearing earlier this year and a warrant for his arrest was issued.
Despite Mr Culleton being elected as a senator in WA, the conviction prevents him from taking office.
In Armidale Local Court on Monday afternoon, Magistrate Michael Holmes granted Culleton’s application, and annulled the larceny conviction, which was made when he failed to appear in court in March. Today a magistrate said the annulment was “in the interests of justice”.
ABC reported that outside the court on Monday, Culleton claimed “What a ripper!”
He reportedly told local media the matter was “a joke” before being pulled away by an adviser.
Daily Mail Australia has contacted One Nation.
After today’s NSW ruling, Culleton’s counsel Peter King said his position in Parliament was “not at all” in limbo.
The Western Australian and Guyra businessman was elected as a senator at the recent federal election.
Mr King branded the case “weak” and “over a trivial matter”.
A conviction carries a maximum sentence of between two and five years and could make Senator Culleton ineligible to serve in Parliament, in which case One Nation would most likely replace him with another candidate.
Senator Culleton is also awaiting trial in WA later in August – the week before parliament begins – after he was arrested and charged for allegedly stealing a auto being used by receivers from RSM Bird Cameron as they began foreclosure proceedings at a friend’s farm.
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Mr Culleton is seeking to have that conviction annulled. “He’s pleased that the court has seemed fit to set aside the conviction”.
