Lambie man gets green light for Senate seat

Jacqui Lambie’s No 2 Tasmanian candidate Steve Martin can take her place in the Senate after the High Court ruling.

Devonport Mayor Steven Martin leaves the High Court of Australia in Canberra this afternoon. Picture: AAP

Devonport mayor Steve Martin is eligible to take Jacqui Lambie’s former Senate seat, the High Court has ruled in a landmark decision that could affect local councillors across the country.

The court unanimously found Mr Martin could sit as a Tasmanian senator following concerns he may have held an office of profit under the crown through his local councillor job.

The decision means former Turnbull government minister Richard Colbeck will now be declared elected as early as Friday to replace former Senate president Stephen Parry.

Mr Parry and Ms Lambie were both Tasmanian senators who were disqualified from federal parliament for being British citizens.

“I’m pretty stoked that after three months and a lot of hard work from my family and support from my family and friends and of course the work done by our legal representatives,” Mr Martin said after a day of hearings before the full bench.

“They say a week in government is a long time — three months and an Australian Christmas is a hell of a lot longer.”

Mr Martin would not say if he would resign from the seat so Ms Lambie could fill it under a casual vacancy.

Ms Lambie has previously said she would not ask Mr Martin to make way for her Senate return.

“I’m working with her for the best interests of Tasmanians, that’s what I went in there for, that’s the outcome today and that’s what I’ll be continuing to do,” Mr Martin said.

“I certainly have an interest in the benefits I can offer to Tasmanians and my local community as well and have worked always in that area.”

It is not clear if Mr Martin will stay in his job as Devonport mayor when he officially becomes a federal senator, though he acknowledged that would be a “big undertaking”.

The government will need to file a summons seeking a declaration from the court that Mr Martin is elected, which could occur within days.

Once the declaration is made, Mr Martin can be sworn-in and take up his seat.

The court earlier enlisted a mathematician to help determine if Mr Colbeck could take up a Senate seat, after hearing there was an extremely remote possibility he may not gain enough votes to be elected under a hypothetical recount.

Mr Colbeck won a recount in December to replace Mr Parry but his case was held up when it was confirmed Mr Martin, who won the recount to replace Ms Lambie, would need to have his eligibility tested before in court.

Former One Nation candidate Kate McCulloch had argued Mr Martin held an office of profit under the crown, but the federal and Victorian governments said he did not have any constitutional problems and should be elected.

Richard Colbeck won the eighth position on the Tasmanian ballot paper. Picture: Matthew Newton

Mr Colbeck and Mr Martin won the eighth and ninth positions respectively on the Tasmanian ballot paper of 12 senators.

Solicitor-General Stephen Donaghue QC revealed today there was a “theoretical possibility” some ballot papers that flowed to Mr Colbeck in last year’s special count might flow to him “at a lesser transfer value” if Mr Martin and Ms Lambie’s third and final candidate at the 2016 election, Rob Waterman, were excluded from the count.

“However, the Attorney-General (Christian Porter) is satisfied that there is only a theoretical possibility of any such flow jeopardising Mr Colbeck’s (relatively large) surplus of 4647 votes,” Dr Donaghue said in written submissions.

“It is only by making unrealistic and artificial assumptions about possible preference flows … that any issue would arise. Indeed, the theoretical possibility mentioned above to arise in this case given the facts known from the counts (although he is not in a position to prove this as a matter of mathematical certainty).”

Justice Geoffrey Nettle ordered computer simulations be run to determine whether the disqualifications of Mr Martin and Mr Waterman, who has previously said he was not interested in a political career and is also under a constitutional cloud, could potentially exclude Mr Colbeck.

Justice Nettle asked that a lay mathematician who has developed the software required perform the task.

The computer simulation will now likely be redundant, as Mr Martin’s qualifications for the Senate have been approved.

Mr Colbeck’s case will be back before the court in Melbourne on Friday and there are hopes a declaration will be made then.

Steve Martin on mayoral duties in Devonport. Pictures: Chris Kidd

Robert Newlinds SC, representing Ms McCulloch in the High Court, earlier said Mr Martin had a “direct and indirect relationship with the executive” of the Tasmanian government as a local council mayor.

He questioned the conflicts of interest a local mayor might have if they were also a federal Tasmanian senator, pointing out what was “good” for a council area might not be good for Tasmania or Australia.

Justice Stephen Gageler said Mr Newlinds would have been “home and hosed” if he was trying to prove Mr Martin’s mayoral job was an office of profit under the state, but the justices had trouble accepting he held an office of profit under the crown.

Mr Newlinds said the relevant Tasmanian minister had the ability to influence Mr Martin’s job, remuneration and under some circumstances could suspend or dismiss him, though conceded the Crown did not appoint him to the council job.

ADDITIONAL REPORTING: AAP