Convicted Rapist Gareth Ward Opposes Motion To Expel Him From Parliament
Image: Bianca De Marchi / AAP
Disgraced parliamentarian Gareth Ward, will remain MP a little while longer, with his lawyers seeking an injunction overnight to halt his expulsion from parliament.
The Independent member for Kiama and former Liberal minister was last week found guilty of three counts of indecent assault and one count of sexual intercourse without consent. The charges stem from separate incidents involving an 18 year old in 2013 and a 24 year old in 2015.
His conviction of indecent assault carries a maximum penalty of five years in jail, while the rape conviction carries a maximum penalty of 14 years.
Ward is currently in custody in Silverwater jail, awaiting sentencing after his bail was revoked on Wednesday.
On Tuesday, Premier Chris Minns confirmed Ward’s lawyers had sought the injunction against the leader of the lower house and Speaker, forcing the government to seek an urgent Supreme Court hearing to discuss the matter later this week.
“We’ve got a week of parliament to sit, and I think that most people would appreciate, it’s an unconscionable situation to have someone who’s currently sitting in jail in Silverwater, convicted of serious sexual offences, who is demanding to remain a member of parliament and continue to be paid,” Minns said on 2GB radio.
The state’s lower house was expecting to move the motion to expel Ward from parliament on Tuesday morning, but the vote on the motion had been delayed until Wednesday after Ward’s lawyers raised concerns about procedural fairness.
Leader of the house, Ron Hoenig, wrote to Ward after he failed to step down from his position as a member of parliament, and asked him to submit any statements or material he wanted to present to the House.
The Sydney Morning Herald reports that Ward’s lawyers have issued a response, but the details have not been released.
Ward thanks supporters for their “warm and caring messages”
In a statement issued late last week, Ward said he was looking into his next steps and thanked his supporters.
“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,” he said.
“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.”
In accordance with the NSW Constitution Act, an member’s seat is declared vacant if they are convicted of a crime punishable by five or more years in prison. Changes made to the law in 2000 now consider conviction 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 expulsion from Parliament will trigger a by-election for the seat of Kiama.
The 44-year-old was elected as the Liberal MP for Kiama in 2011, before being suspended from the party in 2022 following sexual abuse allegations. He was re-elected as an Independent in 2023, despite a swing of more than eleven per cent against him.
His sentencing is scheduled for 19 September.
You are not alone. If you or someone you know has experienced sexual or family violence and needs support, you can contact:
- 1800RESPECT: 1800 737 732
- Lifeline: 13 11 14
- LGBTQ+ Rainbow Sexual, Domestic & Family Violence Service Help Line: 1800 385 578
- NSW Mental Health Access Line: 1800 011 511
- Alan Beyond Blue: 1300 224 636
- Suicide Call Back Service: 1300 659 467
- Mensline 1300789978
- Alcohol and Drug Information Service: 1800 250 015
- QLife (3pm to midnight): 1800 184 527
- 13YARN (Aboriginal and Torres Strait Islander line) – 13 92 76
