3 months ago
21
Politician and convicted rapist Gareth Ward is sitting in Silverwater jail while brazenly refusing to quit his leather seat in the NSW Upper House, an unashamed, unrepentant and immovable object who continues to soil public life even from behind bars.
The MP for Kiama since 2011 and a former Liberal minister-turned independent, Ward was found guilty last month of indecently assaulting an 18-year-old man at his Shoalhaven home on the South Coast in 2013 three times and having sexual intercourse without consent with a 24-year-old political staffer in Potts Point in 2015.
Gareth Ward leaves court after the guilty verdicts.Credit: Dylan Coker
The 44-year-old’s bail was revoked last Wednesday, but he refuses to leave his upper house seat and in a bizarre twist, his lawyers have sought an injunction against the leader of the lower house, Ron Hoenig, and Speaker Greg Piper to stop his expulsion from parliament. Premier Chris Minns confirmed the government would seek an urgent Supreme Court hearing “to address the matter” to overturn the court’s injunctive order ruling.
Ward will not be sentenced until September 19. Prosecutor Monika Knowles told the court the day he was convicted that the seriousness of his crimes virtually guaranteed a custodial sentence. But, that may not be the end of the matter: bizarrely, the length of his sentence could impact on his ability to retain his parliamentary seat.
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’s persistence in keeping his seat has upended the concept of workplace safety and, under the current rules, turned the NSW Parliament into the only workplace in Australia where a convicted rapist is free to keep their job.
After his convictions, we called for Ward’s resignation and wondered if, should he not be expelled by parliament, suspension would surely follow. The outcome will be decided by the court now, but the upshot is that he cannot adequately represent his electorate while he exhausts all legal options.
Ward’s grim and thoughtless determination to hold on to his parliament seat and pay packet displays an arrogant contempt for the people of Kiama who voted for him, and a brutal indifference to the harm caused to victims of sexual assaults by a perpetrator allowed to keep the spoils of his public office while stubbornly prolonging the inevitable.
Clearly, politicians on all sides need to address the anomaly exposed by Ward’s refusal to leave public life: that is, in NSW, as things stand, only five years’ jail is a sackable offence. If the Kiama MP is not flouting the rules, it is clear the rules need to be changed.
Ward has every right to use any legal avenue to pursue his case. Equally, the government should use any legal avenue it can to rid the parliament of this pestilent man.
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