Convicted sex offender and NSW MP Gareth Ward has lost his legal bid to prevent his expulsion from state parliament.\u00a0<\/p>\n
Three Court of Appeal judges dismissed the independent Member for Kiama’s case against the state government late on Thursday afternoon.<\/p>\n
Ward has been in custody since last week, when his bail was revoked following his conviction of sex offences against two young men.<\/p>\n
The former Coalition minister would become the first MP expelled from the NSW parliament since 1969.<\/p>\n
Chief Justice Andrew Bell rejected all of Ward’s arguments, including that the resolution to expel the MP went beyond the parliament’s powers.<\/p>\n
Section 13A of the constitution provides that MPs can be expelled for a serious criminal offence, subject to appeal.<\/p>\n
The judge said the section “expressly preserves” the Legislative Assembly’s inherent power to expel any member.<\/p>\n
Chief Justice Bell said there was no evidence that doing so would be punitive in a way that infringed on the role of the courts.<\/p>\n
The judge said Ward was afforded procedural fairness in that leader of the house, Ron Hoenig, had notified the MP of the expulsion motion and given him the chance to provide information in his defence.<\/p>\n
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Gareth Ward was convicted by a jury last month of one count of sexual intercourse without consent and three counts of indecent assault against two young men. (ABC News: Patrick Thomas)<\/p>\n
Kiama voters ‘re-enfranchised’ by potential by-election, judge says<\/p>\n
Chief Justice Bell said the electors of Kiama would be re-enfranchised by the holding of a by-election and that Ward’s appeal rights had not been violated.<\/p>\n
A government spokesperson said Mr Hoenig would give notice of an expulsion motion later today.<\/p>\n
A debate and vote on the motion is expected tomorrow, the last day the legislative assembly sits until next month.<\/p>\n
Adding to Ward’s woes, the court has ordered him to pay the government’s legal costs.<\/p>\n
Chief Justice Bell criticised Ward’s legal team for failing to notify its opponents before seeking interim injunction orders at a hearing late on Monday without government lawyers present.<\/p>\n
“Just because the matter was urgent does not warrant approaching the court without notification,” the judge said.<\/p>\n
‘Kangaroo court’<\/p>\n
Ward’s barrister, Peter King, told the court earlier on Thursday his expulsion from parliament would amount to punishment and a denial of procedural fairness.<\/p>\n
“His existing right as a member of the assembly to speak in the debate to oppose the resolution is lost,” Mr King said.<\/p>\n
“So in short he is to be expelled by a kangaroo court.”<\/p>\n