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News.com.au
a day ago
- Politics
- News.com.au
‘Ridiculous' for convicted Kiama MP Gareth Ward to stay on: NSW Premier Chris Minns
Kiama MP Gareth Ward could be booted from parliament as early as next week after he was convicted of assaulting two young men, with the state government preparing a motion to have him expelled. The former Liberal MP was found guilty of three counts of assault with act of indecency against an 18-year-old man at Meroo Meadow in 2013 by a jury on Friday. The jury also found the one-time families minister guilty of a fourth offence of intercourse without consent against a 24-year-old man in Potts Point in 2015. It is understood the state government will move a motion when parliament resumes on Tuesday, August 5 to expel Ward. On Monday, Premier Chris Minns praised Ward's accusers as 'incredibly courageous people' and again called on the disgraced MP to resign from parliament. 'Firstly, he should resign,' Mr Minns said. 'It is completely ridiculous to be in a situation where someone has been not accused, not charged, but convicted of incredibly serious offences and stay as a member of parliament.' Mr Minns said the NSW Legislative Assembly needed to 'be in a position where it protects its integrity'. 'One of the positions it can take to protect its integrity is to say that if you've been convicted of these serious charges, it's not reasonable that member stay as a member of parliament,' he said. 'I haven't spoken to all of my colleagues, and I haven't spoken to the crossbench or the opposition about it, but it would seem ridiculous that he would continue as a member of parliament.' Mr Minns confirmed the parliament had the power to remove Ward but noted it was important that the Legislative Assembly's decision 'is not punitive'. 'The punitive measure is up to the NSW court. It's not up to parliament,' he said. 'They'll make the decision about what punishment is applied, not us.' Asked on Monday if he would support a motion to expel Ward from parliament if he did not resign, Opposition Leader Mark Speakman said he would. 'Subject to the government indicating its legal advice that the power is there, we would support that motion,' Mr Speakman said. 'And look, on the face of it, the power is there. But I would like to see the legal advice.' Both Labor and the Liberals have called on Ward to resign following Friday's verdict. 'Gareth Ward should not be in parliament,' Mr Speakman said. 'The jury finding is of behaviour that is completely reprehensible. It's sickening. 'He should not be in the parliament. His position is untenable. He cannot represent the constituents of Kiama. 'He obviously can't represent them when he's incarcerated, and even if he remains out of incarceration for the time being, there is no way he can effectively represent his constituents. 'So he must resign, and if he doesn't resign, then parliament has to take all the steps it can to protect its integrity, and if the power is there to expel Mr Ward, he should be expelled.' Neither Mr Minns nor Mr Speakman confirmed whether they were involved in discussions about preselecting candidates for a potential by-election. 'I'm sure there are conversations under way,' Mr Speakman said. He later went on to clarify: 'I'm just surmising the nature of politics these sort of conversations happen.' Ward only narrowly beat out Labor's Katelin McInerney in the 2023 state election. Ward is yet to be sentenced and will next appear in court on Wednesday.
The Guardian
a day ago
- Politics
- The Guardian
Labor and Coalition want convicted rapist Gareth Ward expelled from NSW parliament
Moves are afoot to expel the MP for Kiama, Gareth Ward, from the New South Wales parliament after he was convicted of serious sexual offences involving two young men. State parliament sits next week and Ward has not yet said whether he intends to appeal Friday's convictions. The MP has also not indicated whether he might resign from parliament and did not respond to questions from Guardian Australia. Ward was granted bail ahead of a hearing on Wednesday, when the prosecution will seek to have him taken into custody ahead of his sentencing. A date for that is due to be set on Wednesday. The 44-year-old stood trial in the NSW district court after pleading not guilty to sexual intercourse without consent and indecent assault charges. Several politicians have been convicted of 'an infamous crime' or a crime that carries a sentence of five years or more – which is the threshold that disqualifies a person from sitting in the NSW parliament. Most have chosen to resign when they have been charged and were well out of parliament by the time they were convicted. So the question of how lodging an appeal – or winning an appeal – might affect an MPs right to sit in the parliament has rarely arisen. Both major parties are hoping that Ward will choose to resign from parliament and the matter is resolved quickly. But Ward has, to date, shown little inclination to end his own political career. In 2021, Ward left the Liberal party and moved to the crossbench after identifying himself as the state MP under investigation by the child abuse and sex crimes squad of the NSW police force. When charges were laid in March 2022, then NSW Premier Dominic Perrottet called for his resignation. On 24 March 2022, Ward was suspended after a motion unanimously passed the Legislative Assembly. In mid-August 2022, Ward was committed to stand trial. But Ward's voters in the south coast state seat of Kiama re-elected him in March 2023 and he returned to Macquarie Street. The Minns government believes Ward should not sit in parliament now he is convicted of serious crimes and that seniment is echoed by the opposition. The premier, Chris Minns, said on Monday that Ward should resign or he would move a motion to expel him. Minns stressed Ward was convicted of 'incredibly serious charges' relating to 'multiple accusers.' 'He should resign,' the premier told reporters. 'It is completely ridiculous to be in a situation where someone has been, not just accused, not just charged, but convicted of incredibly serious sexual assault convictions and stay as a member of parliament. 'You name me one workplace in the whole world where that person would continue as an employee, facing that kind of jail time.' Minns said he had sought legal advice from the NSW cabinet office and believed expulsion was an option. Sign up to Morning Mail Our Australian morning briefing breaks down the key stories of the day, telling you what's happening and why it matters after newsletter promotion But it's not straightforward. The expulsion cannot be 'punitive' but must be founded on protecting the integrity of the NSW parliament. That will mean establishing that Ward's conduct brings the house into disrepute and that he cannot adequately perform his duties – which would be easier to argue if he was incarcerated. 'It seems ridiculous that he could stay as a member of parliament. Steps need to be taken,' Minns said. He said it was 'untenable' for Ward to remain the MP for Kiama. Minns does not have a majority in the Legislative Assembly so would need the opposition or crossbenchers to gain the bare majority needed to pass an expulsion motion. The opposition leader, Mark Speakman, has said he would support an expulsion motion, subject to seeing the government's legal advice. 'The jury finding is about behaviour that is sickening,' Speakman told reporters on Monday. 'He should not be in parliament; his position is untenable. There is no way he can effectively represent his constituents. He should resign, and if he doesn't, parliament must take all the steps it can to protect its integrity.' Ward could alternatively be suspended or granted leave but both options would result in the convicted rapist continuing to receive his parliamentary salary and entitlements until he resigned, the next election was held in March 2027 or all appeals were finalised. These alternatives would prevent a by-election from being held. An expulsion or suspension could be challenged in the courts. There have been only a handful of cases challenging orders of parliament but, as constitutional expert Anne Twomey has said, courts have expressed wariness when it comes to expelling MPs. The situation would be complicated further if Ward appeals. Ward has 28 days to lodge any appeal. The appeal process itself would likely be lengthy, and if Ward was expelled, he would challenge that decision in the courts. Of course, there will be practical problems for Ward continuing in parliament if he is jailed pending any appeal. He couldn't attend parliament or effectively represent his constituents.
ABC News
a day ago
- Politics
- ABC News
NSW Premier says Gareth Ward must leave parliament after sex abuse conviction
The NSW premier says it is "ridiculous" that disgraced Kiama MP Gareth Ward remains in parliament after being convicted of serious sexual offences. 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.
ABC News
3 days ago
- Politics
- ABC News
NSW MP Gareth Ward likely to be removed from parliament after conviction for sex crimes
A sitting member of the NSW parliament has been convicted of serious sexual offences — so what happens next? The independent member for Kiama, Gareth Ward, was found guilty of four offences relating to the sexual abuse of two young men after a nine-week trial in the NSW District Court. Following the verdict, the NSW government swiftly called for the 44-year-old to resign from parliament — claiming his position was "no longer tenable". Even the Liberal Party — the previous party of Ward — said the politician had breached public trust and his crimes were an "abuse of power". The conviction of a sitting politician for serious crimes is a rare event. Ward was previously barred from parliament when the allegations first surfaced, but his shock re-election saw him return. Now that he has been found guilty by a jury, will he be removed from office? The NSW Constitution contains provisions for expelling sitting members convicted of an "infamous crime" — that is an offence that carries a maximum sentence of more than five years. All four of Gareth Ward's offences meet that criterion, with the most serious offence — sexual intercourse without consent — carrying a maximum prison term of 14 years. However, the politician's seat will not be vacated just yet. Ward has 28 days to lodge an appeal in the NSW District Court, and his seat in parliament will not be declared vacant until the challenge is resolved. However, these provisions do not interfere with the powers of the House to expel members. Election analyst Ben Raue is a close observer of Australian politics. He said the NSW parliament has powers to remove politicians. "I can't imagine they would have issues passing a motion of suspension, I think that would be the bare minimum to be honest," he said. Mr Raue said NSW parliament is in unchartered waters with this case. "It is very unusual," he said. After the verdict, Ward was granted bail release to return home ahead of a hearing on Wednesday where the Crown will seek to have the politician taken into custody ahead of his sentence. The verdict was handed down more than three years after Ward was first charged. The then-Liberal politician was stood down from his portfolio as the NSW Minister for Families, Communities and Disability Services after it emerged that he was the subject of a police investigation. In 2022 he was suspended from parliament after he refused to resign over the allegations. "That is one of the things that is so odd about this case is normally when people are facing serious criminal charges like this, they resign from their public office," said Mr Raue. Despite the case hanging over his head and his inability to represent his community in the parliament — constituents in Kiama re-elected him in 2023, allowing him to return to parliament. "I think it is a sign of how popular he had been that he managed to get re-elected," said Mr Raue. "I think there was a recognition that the voters had their say and until he is convicted, he is a member of parliament." Mr Raue said the conviction means voters in Kiama are likely to be returning to the polls. "I think it is likely now we will see a by-election at some point — either he resigns, or he is expelled," he said.
ABC News
21-07-2025
- Politics
- ABC News
Gareth Ward's defence says police probe flawed, 'potentially dishonest'
Gareth Ward's defence has accused police of a flawed and biased investigation, telling the jury the sexual assault allegations against the MP are inconsistent, unreliable and never happened. The independent Kiama MP and former Liberal minister is facing five criminal charges, including sexual intercourse without consent and indecent assault, over allegations made by two men involving separate incidents in 2013 and 2015. Mr Ward strenuously denies the claims. The younger complainant alleges two incidents, including an unwanted back massage, occurred at Gareth Ward's Meroo Meadow home in 2013, when he was 18 years old. The second complainant, a former political staffer who was 24 at the time, alleges Mr Ward sexually assaulted him at the MP's Potts Point apartment after an event at NSW Parliament House. Following nine weeks of evidence led by the Crown, the defence today finalised its closing address. Mr Ward's barrister, David Campbell, told the jury the police investigation led by former Detective Senior Constable Cameron Bignell had "selectively and potentially dishonestly cherry-picked what he wished to investigate". He described Mr Bignell as a "miscreant" for ignoring directions from a colleague to seek parliamentary access and phone records. The defence urged the jury to view with scepticism a 2021 police walk-through — filmed on a body-worn camera, showing the older complainant's walk from outside NSW Parliament House to Mr Ward's Potts Point apartment. Mr Campbell questioned why it was recorded years after the alleged assault in 2015. He also highlighted the older complainant's shifting account, including uncertainty around dates and the route into the apartment, and said misdescribed details of the bedroom's interior undermined his reliability. Mr Campbell told the jury the older complainant's conduct after the alleged incident was inconsistent with his claim of trauma. He said that behaviour included maintaining friendly contact with Mr Ward and, later, sending the MP a job application, in which he wrote: "Your friendship means the world to me and my respect for you is already as high as it can be." Mr Campbell said it was "a rather astonishing application for employment" from someone who claimed to have been "sexually violated". The defence told the jury the alleged assault did not happen and suggested the complainant was likely asleep on a couch at Parliament House, not at Mr Ward's Potts Point apartment as he claimed. In the case of the younger complainant, Mr Campbell argued his version of events had undergone a "massive reconstruction" over the years. He said the man's memory was unreliable and reshaped by time, and the use of alcohol and other substances. The defence said the alleged back massage described by the complainant was not inherently sexual and did not amount to assault. Mr Campbell told the jury the man had continued a long-term social relationship with Mr Ward. The defence also said that when faced with such serious allegations, Mr Ward expressly denied it by entering a plea of not guilty. "After all these years, and in the absence of any additional material, what more could he say?" Mr Campbell asked. "He could only say, it did not happen." Mr Campbell concluded by arguing that the Crown had failed to discharge the burden of proof on any count. "Accordingly, Mr Ward should be found not guilty on each count in the indictment." An expanded panel of 13 jurors was empanelled at the start of the trial to account for its expected length, but only 12 will decide the outcome. Before deliberations begin, a ballot will be held to determine which juror will be excluded. The judge has begun giving her directions to the jury and has told them they can expect to retire to consider their verdict tomorrow.
