Gareth Ward to oppose motion that would force him out of parliament

3 months ago 21

The NSW lower house will move to expel convicted rapist MP Gareth Ward from parliament on Tuesday, but a vote on the motion will be delayed until Wednesday after lawyers for the former Liberal minister raised concerns about procedural fairness.

Ward, the MP for Kiama since 2011, was found guilty last month of one count of sexual intercourse without consent and three counts of indecent assault against two young men he had met through his role as a parliamentarian.

Kiama MP Gareth Ward was last month found guilty of sexual intercourse without consent and indecent assault.

The 44-year-old’s bail was revoked on Wednesday, but he has not resigned his seat in parliament, prompting the leader of the house, Ron Hoenig, to write to Ward asking him to provide any statement or material he wanted the Legislative Assembly to consider before any move to expel him.

Ward’s lawyers have responded to Hoenig but the details of the correspondence have not been revealed. His lawyers were contacted for comment but they did not respond.

The motion has the backing of Labor, as well as in-principle support from the Coalition. Opposition Leader Mark Speakman said he would want to see legal advice before making a final decision on the expulsion motion.

Under the NSW Constitution Act, an MP’s seat is declared vacant if they are convicted of crime that is punishable by five years or more in prison, although under changes to the law in 2000, conviction is considered to mean “once you have reached the end of the appeals process, if you choose to appeal, and not had the conviction overturned”.

Ward issued a statement late last week confirming he intended to appeal against his conviction. However, parliament also has the power to expel an MP for “unworthy conduct”.

In a statement late last week, Ward said: “I am taking advice about next steps, but I can confirm that I have provided instructions to my legal team to prepare an appeal at the earliest opportunity.

“I take this opportunity to thank so many from across our community that have sent warm and caring messages of support to me and my family.”

As soon Ward’s expulsion is passed, Speaker Greg Piper will call a byelection for the South Coast seat, which could be held as soon as next month if there are available dates with the NSW Electoral Commission.

Senior Liberals have said it would be impossible for the party to win Kiama because of Ward’s long association with the seat. He held it as an independent at the 2023 state election, but there was a swing of more than 11 per cent against him.

Ward served as families minister in the Berejiklian government until he was charged in 2021, when he was ousted from the Liberal Party and moved to the crossbench as an independent.

The former lawyer had a series of high-profile incidents while in politics, including turning up to Parliament House at 4am on a Sunday in July last year wearing only his underwear. He said he had been locked out of his Potts Point apartment.

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