Four sex offence convictions against a sitting MP aren’t enough to expel him from parliament under “unworthy behaviour” provisions, his lawyer has argued.
Gareth Ward, 44, remains the member for the NSW seat of Kiama, as he awaits sentencing for sexually assaulting an intoxicated political staffer after a midweek event in the state’s parliament in 2015.
The former families minister was also found to have sexually abused a drunken 18-year-old man at his South Coast home in 2013.
Gareth Ward, 44, remains the member for the NSW seat of Kiama, as he awaits sentencing. (Dylan Coker)
A Labor-led vote to expel Ward from parliament, slated for Wednesday, was delayed after the Supreme Court ordered a halt at the MP’s request.
His barrister told an urgent NSW Court of Appeal hearing today that a letter Ward received from the Labor government about the planned expulsion vote only referred to the convictions, and did not lay out a case for Ward’s expulsion.
The letter did not detail any “unworthy conduct” – the expulsion power Labor is relying on to turf Ward – Peter King told a panel of three judges.
“Are you seriously submitting that the convictions of the counts … are not conduct unworthy?” Chief Justice Andrew Bell asked.
“The four counts are evidence of the fact of conviction but they’re not evidence of the facts which underlie that conviction,” King said.
When the barrister tried again to make the same argument, Justice Jeremy Kirk chimed in.
“There can’t be any mystery about it, he was tried publicly on an indictment,” the judge said.
“He, of all people, must know what behaviour led to his conviction.”
Gareth Ward’s lawyer argued four sex offence convictions against a sitting MP aren’t enough to expel him from parliament. (AAP)
Justice Kirk also questioned whether the court could do anything or interfere in the government’s processes, as there had been no orders made to appeal.
The most serious charge against Ward, who is in custody, carries a maximum 14-year jail term.
King also argued that the move to expel Ward was punitive, denying the MP his chance to remain in parliament or go for re-election, if he successfully appealed the convictions.
If Ward’s appeal fails, he will be automatically expelled under a separate power.
The move also denied Ward procedural fairness by denying him the chance to get up and oppose the motion in parliament, King said.
“In short, he is to be expelled by a kangaroo court,” he said.
Four MPs have been expelled from NSW parliament, the last in 1969 under the “unworthy conduct” power.
Any expulsion of Ward will trigger a by-election in the NSW south coast electorate he has held since 2011.
Initially running under the Liberal banner, he secured a 2023 poll win as an independent, despite having been charged with sexual assault and suspended from parliament.
NSW Premier Chris Minns said having an MP sitting in jail awaiting sentencing, while demanding to remain in parliament, was “an unconscionable situation”. (Nine)
A vote to expel him is almost certain to pass with support from leaders of Labor and the coalition.
NSW Premier Chris Minns said having an MP sitting in jail awaiting sentencing, while demanding to remain in parliament, was “an unconscionable situation”.
Opposition Leader Mark Speakman repeated calls for Ward to resign after the legal action prevented a parliamentary vote to expel him.
Academic Tonia Gray, who contested Kiama for the Greens at the 2023 state election, told AAP Ward should vacate the seat after being found guilty.
The ongoing distraction of his refusal to resign has been a disservice to the community, she said.
“It’s clearly not about the people of Kiama – it’s all about Gareth,” Gray said.
“Kiama deserves an opportunity to hold a by-election and elect a new member to the NSW parliament that can give their absolute attention to the critical work of representing our community.”
Support is available from the National Sexual Assault, Domestic and Family Violence Counselling Service at 1800RESPECT (1800 737 732).