NSW Premier says Gareth Ward must leave parliament after sex abuse conviction
Chris Minns today confirmed the government had legal advice that the Legislative Assembly had the power to remove the independent MP from parliament, even with an appeal pending.
"It is completely, I think, ridiculous to be in a situation where someone has been not accused, not charged, but convicted of incredibly serious sexual assault convictions and stay as a member of parliament," Mr Minns said.
Ward was found guilty by a District Court jury on Friday of four charges relating to the sexual abuse of two young men.
That evening, the Minns Government issued a statement calling on the former Liberal minister to resign to protect the integrity of the parliament.
Opposition Leader Mark Speakman also called for Ward's resignation on Friday.
"If Mr Ward does not resign, then upon its resumption the parliament should swiftly take all appropriate steps to protect its integrity," Mr Speakman said.
Ward will remain on bail until a detention application is considered by the District Court on Wednesday.
His bail was varied, requiring him to report to police daily at either Kings Cross or Nowra
A date for sentencing will be set on Wednesday.
Mr Minns said any action taken by the NSW parliament would not be punitive, as it was the court's responsibility to determine punishment.
But he said the parliament must protect its own integrity.
"The Legislative Assembly needs to be in a position where it can assert the integrity of the House," Mr Minns said.
"And one of the positions it can take is to say: If you have been convicted of these serious charges, it is not reasonable that that member stays on."
The Premier said steps should be taken when parliament resumes in August.
"Many taxpayers, many voters, would say 'Are you really suggesting that someone who has been convicted of these incredibly serious charges continues on as a member of parliament even when they are in jail?" the premier said.
While the NSW Constitution allows MPs to remain in parliament while appealing a conviction, University of Sydney constitutional law expert Professor Anne Twomey said the parliament had the power to expel a member to protect its integrity, even before sentencing or appeal outcomes.
"It would be a matter for the parliament to decide if this was an extreme case," she said.
"But in an extreme case they could say 'Well it just undermines the ability of our House to operate, because people will lose trust in us and respect for us and therefore, in the circumstances, we have to expel and leave it up to the people to decide'."
Mr Minns acknowledged the nature of the hung parliament and said he was yet to speak to the cross bench or opposition on whether they would support a move to expel the independent MP.
The premier said he did not want the "enormous courage" of the two complainants to get lost in "a political bun fight" about Ward's future.
"If you speak to survivors of this kind of sexual assault, they will tell you that going through the process of reporting it to the police and then a criminal trial turns your life upside down all over again," Mr Minns said.
"That should not be forgotten in all this."
During the trial the two complainants, who were aged 18 and 24 at the time of the offences in 2013 and 2015, gave detailed and often emotionally charged evidence.
They both told the court of their deep reluctance to come forward, which was rooted in fear, self-blame and what they saw as a significant power imbalance between themselves and Ward.
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