Court clears path to expulsion of MP Gareth Ward

In July, the member for Kiama was found guilty of three counts of indecent assault and one count of sexual intercourse without consent. The offences involved two young men and occurred around a decade ago. Ward, who has been in custody since his bail was revoked, had sought the court’s intervention to stop him being removed from the Legislative Assembly.

Late today, the Court, comprised of Chief Justice Andrew Bell, Justice Anna Mitchelmore and Justice Jeremy Kirk, ordered the summons filed by Ward be dismissed. A costs order was also made against him.

In a summary of the decision read in court, Bell outlined Ward’s case, before revealing the court’s determination. “Each of these arguments is rejected,” he said.

On Monday, Justice Deborah Sweeney granted an urgent injunction, preventing any further steps towards Ward’s expulsion.

Earlier today, Ward’s barrister Peter King told the hearing that a letter to his client from Leader of the House Ron Hoenig, fails to establish “conduct unworthy”, which is the test. King submitted that the letter merely refers to the four convictions. “We say that is not a sufficient basis for his expulsion,” he said. “[A] conviction is not evidence of the facts upon which it is based.”

King said the proposed resolution was being brought on “hurriedly” and is “punitive”, adding that Ward was to be “expelled by a kangaroo court”.

“It doesn’t allow Mr Ward to stand up and say, ‘This is the explanation’.”

“If he’s acquitted (on appeal), he’s lost the rights that an innocent man would otherwise have,” said King.

Ward’s counsel also submitted that the expulsion move was politically motivated, because it would trigger a byelection, altering the numbers on the floor of the house. Given that Ward was first charged in 2022, King said the timing “suggests a certain level of opportunism.”

Appearing for Hoenig, Craig Lenehan SC said Parliament could “readily take the view” that conviction for serious offences, following a public trial, amounts to unworthy conduct. He also dismissed suggestions that Ward had been denied procedural fairness and rejected arguments about the nature of Hoenig’s letter to Ward. “[T]he letter displays no punitive purpose whatsoever.”

Lenehan also pointed to the strength of parliament’s “self-protective purpose”.

The Chief Justice said the right of the Legislative Assembly to expel members is reserved and there was no evidence the move would be “punitive in effect”.

“The electorate of Kiama would be re-enfranchised by the holding of a byelection,” said Bell.

Gareth Ward’s sentencing hearing is scheduled to take place in September.