Gareth Ward, a currently seated politician in New South Wales’ South Coast electoral district of Kiama, has lost a legal bid to block a parliamentary vote aimed at expelling him following his recent sexual abuse convictions. The 44-year-old MP is awaiting sentencing for sexually assaulting an intoxicated political staff member in the state parliament back in 2015, as well as for a separate incident where he abused an 18-year-old man at his home in 2013.
Despite his attempts to halt the expulsion vote through the courts, the New South Wales Court of Appeal dismissed his request, affirming that the parliament retains the authority to expel members on grounds of “unworthy conduct.” The court’s Chief Justice, Andrew Bell, stated that Ward’s intention to appeal does not impede the parliament’s proceedings. He also remarked on the inappropriate nature of Ward’s legal actions, ordering him to cover the legal costs incurred by the assembly.
Ward’s legal representation argued that the letter from the Labor government regarding the expulsion did not adequately present a case against him, lacking specific details of “unworthy conduct.” However, the judges across the panel found no merit in this argument, highlighting that his convictions alone furnish clear evidence of such conduct that justifies expulsion. Justice Kirk pointedly noted that Ward must be aware of the behaviour leading to his convictions, given the public nature of the trial.
If the vote to expel Ward is successful, which appears likely due to the backing of both the Labor and coalition leaders, it will trigger a by-election in the Kiama electorate, which he has represented since 2011. Ward, who initially ran as a Liberal but recently won as an independent, remains in custody as he awaits sentencing for the crimes. The Opposition Leader, Mark Speakman, expressed readiness to expel Ward immediately following the court’s ruling.
The discussion of Ward’s expulsion, the first since 1969 under laws governing “unworthy conduct,” has generated considerable controversy, with debates surrounding procedural fairness and the implications of such a vote. Despite the ongoing legal battles, Ward’s political future hangs in the balance as the parliamentary debate approaches.