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Gareth Ward, 44, remains the member for the NSW seat of Kiama, as he awaits sentencing. (Dylan Coker)<\/p>\nFour sex offence convictions against a sitting MP aren’t enough to expel him from parliament under “unworthy behaviour” provisions, his lawyer has argued.<\/p>\n
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.<\/p>\n
The former families minister was also found to have sexually abused a drunken 18-year-old man at his South Coast home in 2013.<\/p>\n
Gareth Ward, 44, remains the member for the NSW seat of Kiama, as he awaits sentencing. (Dylan Coker)<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
“Are you seriously submitting that the convictions of the counts … are not conduct unworthy?” Chief Justice Andrew Bell asked.<\/p>\n
“The four counts are evidence of the fact of conviction but they’re not evidence of the facts which underlie that conviction,” King said.<\/p>\n
When the barrister tried again to make the same argument, Justice Jeremy Kirk chimed in.<\/p>\n
“There can’t be any mystery about it, he was tried publicly on an indictment,” the judge said.<\/p>\n
“He, of all people, must know what behaviour led to his conviction.”<\/p>\n
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Gareth Ward’s lawyer argued four sex offence convictions against a sitting MP aren’t enough to expel him from parliament. (AAP)<\/p>\n
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.<\/p>\n
The most serious charge against Ward, who is in custody, carries a maximum 14-year jail term.<\/p>\n
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.<\/p>\n
If Ward’s appeal fails, he will be automatically expelled under a separate power.<\/p>\n
The move also denied Ward procedural fairness by denying him the chance to get up and oppose the motion in parliament, King said.<\/p>\n
“In short, he is to be expelled by a kangaroo court,” he said.<\/p>\n
Four MPs have been expelled from NSW parliament, the last in 1969 under the “unworthy conduct” power.<\/p>\n
Any expulsion of Ward will trigger a by-election in the NSW south coast electorate he has held since 2011.<\/p>\n
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.<\/p>\n
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NSW Premier Chris Minns said having an MP sitting in jail awaiting sentencing, while demanding to remain in parliament, was “an unconscionable situation”. (Nine)<\/p>\n
A vote to expel him is almost certain to pass with support from leaders of Labor and the coalition.<\/p>\n
NSW Premier Chris Minns said having an MP sitting in jail awaiting sentencing, while demanding to remain in parliament, was “an unconscionable situation”.<\/p>\n
Opposition Leader Mark Speakman repeated calls for Ward to resign after the legal action prevented a parliamentary vote to expel him.<\/p>\n
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.<\/p>\n
The ongoing distraction of his refusal to resign has been a disservice to the community, she said.<\/p>\n
“It’s clearly not about the people of Kiama – it’s all about Gareth,” Gray said.<\/p>\n
“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.”<\/p>\n