The One Nation Senator and Guyra businessman is in Canberra this week as he takes on his new political role, but his bid to retain the job could be in jeopardy.

According to court documents, Culleton is accused of the theft of a key for a Peterbuilt heavy haulage tow truck between 8am and 10am on April 11, 2014, at Guyra.

Under senate rules, a senator cannot be serving or awaiting a sentence for a crime that carries a prison sentence of 12 months or longer. The charge Culleton faces would meet those criteria.  

Court papers state the property is worth $322.85 with the tow truck owner seeking compensation for the purchase and installation costs after he was forced to get a new ignition switch and door locks.

The court documents fly in the face of Culleton’s claims that the key is worth $7.50.

Earlier this week, Culleton told Fairfax Media that “any decision to proceed will depend on whether the State of NSW wants to spend about $100,000 in taxpayer’s money, to commence legal action over a $7.50 key”.

His barrister had earlier said he didn’t expect police to proceed with the case, after his client’s conviction, which was entered in his absence, was overturned by Magistrate Michael Holmes. 

Culleton was arrested by police in early-August after Fairfax Media revealed a warrant had been issued to bring him to court.

Fairfax Media has confirmed the mention date on September 12 to fix a hearing date in Armidale Local Court is still on track with police expected to proceed with the case and call several witnesses.

The alleged victim in the incident was contracted to repossess a Kenworth prime mover and went to a Falconer Rd business premises after receiving information the vehicle was parked in a yard.

Police claim the tow truck driver jumped out of his vehicle and was talking to a witness when Culleton allegedly entered the cabin of the tow truck and removed the key from the ignition, while the engine was running, causing it to stop.

Police allege the tow truck driver saw Culleton climbing down the fuel tanks of the tow truck.

Police allege a scuffle broke out when the driver attempted to retrieve his keys from the “accused person’s hand”.

Police were called and will allege Culleton admitted to police he took the keys from the ignition and threw them on the ground.

The key was not recovered despite a search by police.

The tow truck driver was forced to hot wire the vehicle to leave the scene.