New claims in Kiama MP Gareth Ward's sexual assault trial
A man who alleges he was sexually abused as a teenager by Kiama MP Gareth Ward says a friend thought what had happened was 'funny', a court has been told.
The NSW independent MP was charged in March, 2022 with three counts of assault with act of indecency, an alternative charge of common assault against an 18-year-old man at Meroo Meadow in 2013, and intercourse without consent against a 24-year-old man in Potts Point in 2015.
He has pleaded not guilty to all charges.
Mr Ward sat in the dock at the Darlinghurst District Court on Wednesday as his criminal trial before Judge Kara Shead SC continued, now in its fifth week.
The second complainant, a man who had just turned 18 at the time of the alleged assault at Mr Ward's South Coast home in February 2013, took the stand on Wednesday for a second day of evidence.
The court was told how Mr Ward had met the alleged victim three months prior in Bomaderry, where they became friends.
The court was told that on the night of the alleged assault, the complainant had been at a party in the Shoalhaven area before leaving and getting in contact with Mr Ward, who invited him to his Meroo Meadow home and offered to pay for his taxi ride.
It was heard the then-18-year-old and Mr Ward continued drinking together at his home, before the teen went outside and laid on the grass, pretending he had passed out as a 'prank'.
'I could hear that he started running towards me, and I sort of thought, 'This prank is going well … got him',' he told the court.
The man alleged Mr Ward was trying to get his attention and put both hands on him, then without warning put his hand down his pants and touched his buttocks.
He told the court he 'froze' and alleged he remembered Mr Ward's 'heavy breathing' as the politician moved his hand to the then-teenager's genital area.
'I had no idea what to do or what to say … it was the most awkward feeling I've ever experienced to this day,' he said.
The man said he then told Mr Ward he wanted to go to sleep and the pair went back inside, with the politician allegedly telling him he should not sleep alone.
'He put his hands on my shoulders … and said something to the effect of I should sleep in his room because it wasn't safe for me to sleep alone because I was too drunk,' he said.
Mr Ward allegedly directed the man towards his bedroom, where he laid down facedown on the bed.
The alleged victim told the court Mr Ward 'mounted' him and sat on his buttocks, then started to massage his back.
'He said words to the effect of, 'No relax … I'll give you a massage, I've done a course in massage' or something like that … he said he had some kind of massage training,' he told the court.
'He was massaging my back … especially my lower back … at this time Gareth weighed a far bit … he was heavy on top of me … I couldn't move.'
The man told the court the massage eventually ended and they went to sleep.
Man told alleged assault was 'funny'
The man told the court that in the months following the alleged assault he felt he needed to put the night 'aside' and the whole thing was 'his fault'.
'I very quickly decided that it was a weird thing that happened that was probably my fault and I just needed to put it aside,' he said.
'I needed to put that in the back of my mind and pretend it never happened and go on with being Gareth's bro.'
The man said he had discussions with his friend who thought what had happened was 'funny'.
'He sort of said something to the effect of that was obviously going to happen and he was saying that I must be gay for having wanted to go there,' he said.
The man said he and Mr Ward maintained contact on a 'social level', before the alleged acts were reported to police in November 2020.
It is also alleged Mr Ward sexually assaulted another man – who was 24 years old at the time – at his Potts Point apartment in September 2015.
Beginning his political career in 2011, Mr Ward was a councillor on the Shoalhaven Council before becoming the Liberal member for Kiama in 2011, a seat he has held since.
The trial before a 15-person jury continues.
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