By -

New South Wales Member of Parliament for Kiama, Gareth Ward, is facing a constitutional standoff with the state parliament after being found guilty of multiple sexual assault offences. The independent MP, who was recently convicted by a jury, is currently in custody as he awaits sentencing.

Ward was found guilty on three counts of indecent assault and one count of sexual intercourse without consent. The convictions relate to incidents involving two young men in 2013 and 2015. Following the verdict, a judge revoked his bail, and he was remanded in custody until his sentencing hearing scheduled for September.

In the wake of the convictions, the NSW Government and opposition have both signalled their intention to expel Ward from parliament and have called on him to resign. However, a plan to formally remove him has been temporarily halted by an urgent injunction granted by the Supreme Court, which his legal team sought overnight.

Last night, Justice Deborah Sweeney ordered the government to refrain from taking any further steps to expel Ward from parliament pending the outcome of the appeal. The order has triggered a constitutional conflict between the judiciary and the legislature, with government representatives arguing the court has no jurisdiction to interfere with the parliament’s inherent powers to govern its own membership.

The Leader of the Lower House, Ron Hoenig, stated the government’s position is that the court’s order is “not binding on the house” and represents a “significant constitutional error.” Hoenig argued that the parliament has an inherent power to manage its own affairs and protect its integrity, unconstrained by any judicial order, and that the scheduled hearing on Friday is too late, as parliament is due to rise, potentially requiring a recall to deal with the matter more swiftly. With further legal action now underway and the possibility of Parliament being recalled next week to vote on Ward’s expulsion, Hoenig said it was “a further expense the people of NSW should not have to bear”.

NSW Premier Chris Minns stated on 2GB radio this morning that it is an “unconscionable situation to have someone who’s currently sitting in jail … convicted of serious sexual offences, who is demanding to remain a member of parliament and continue to be paid.”

Minns said the government is navigating a “genuinely unprecedented situation” but will seek to overturn the court’s injunctive orders.

“[T]he parliament can’t pursue a sentence against Mr. Ward,” he stressed, “We’re not doing this as punishment. We’re doing it to protect the integrity of the Legislative Assembly.”

When asked why Ward hasn’t resigned from parliament, Minns responded, “That would be the first and most obvious course, but clearly, he’s got no shame.”

NSW Opposition Leader Mark Speakman intensified calls for Ward to resign in a statement, asserting, “Every day he clings to his seat from a jail cell, taxpayers are footing the bill, and the people of Kiama are left voiceless. It’s not just wrong, it’s offensive.”

Despite the guilty verdict and the political pressure to resign, Ward maintains his innocence and has instructed his legal team to prepare for an appeal. A successful appeal against the expulsion motion or the criminal convictions could complicate the process and potentially lead to a by-election in his seat of Kiama.

Ward was elected as a Liberal MP in 2011 but moved to the crossbench in 2021 when the initial allegations surfaced. He was later re-elected as an independent in the 2023 state election. His case marks a rare instance in NSW politics, as the last time an MP was expelled from the lower house was in 1917.

A hearing is scheduled for 10am this Friday at the Supreme Court.