Judgement Day for rapist MP's expulsion
The Kiama MP was taken into custody on remand last week while awaiting sentencing after he was found guilty by a jury of three counts of indecent assault and a fourth count of intercourse without consent.
The charges relate to acts against two young men – an 18-year-old at Meroo Meadow in 2013 and a 24-year-old man in Potts Point in 2015 – and sparked calls for the south coast MP to resign from parliament.
A motion was expected to be introduced by Labor to the Legislative Assembly to expel Ward, with support from the Coalition earlier this week. If successful, it would mark the first expulsion from the NSW lower house since 1917. Kiama MP Gareth Ward was taken into custody on remand last week while awaiting sentencing. NewsWire / Max Mason-Hubers Credit: News Corp Australia
Instead, the matter was set down for a full-day hearing at the Supreme Court after an 11th hour injunction was applied for by Ward's lawyers, who argue the state parliament does not have the power to expel him.
The last-minute legal move makes it almost impossible to expel Ward, who is still being paid by parliament and is the current member for Kiama, before the Legislative Assembly adjourns until next month.
Leader of the House Ron Hoenig earlier in the week said the court did not have the authority to stop matters being but before legislators, but that the state government would abide by the injunction out of respect.
The matter sets the stage for a peculiar legal challenge.
Premier Chris Minns told 2GB on Tuesday morning most people would 'appreciate it's an unconscionable situation to have someone who's currently sitting in jail in Silverwater convicted of serious sexual offences who is demanding to remain a member of parliament and continue to be paid'. NSW Premier Chris Minns and the Coalition have called on Ward to resign. Photo: NewsWire/ Gaye Gerard Credit: News Corp Australia
Asked why Ward had not resigned, Mr Minns said 'clearly, he's got no shame'.
Opposition Leader Mark Speakman said that, if the government was prepared, they could resume 'in the interim with a small quorum of MPs'.
'We would be willing to do that. It would be possible, for example, to have just 20 MPs, the quorum deal with the matter,' he said.
Mr Speakman said 'As a general principle, we are supporting the government's efforts in court.
'That includes as a general principle the arguments that it's putting in court and the outcome that it seeks, which is that the injunction is lifted and the parliament can proceed to expel Mr Ward.'
The injunctive orders issued by the court, 'pending further order', restrain the defendant, Mr Hoenig, from 'from taking any steps to expel or otherwise resolve to expel' Ward between July 30 and 10am on Friday.
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Convicted sex offender MP Gareth Ward has lost a fight to keep his job, as the Court of Appeal rejected his lawyer's arguments that his expulsion from parliament would be "punitive". "Representative democracy would not be offended by the passage of any resolution expelling Mr Ward," Chief Justice Andrew Bell said on Thursday afternoon. "The electorate of Kiama will be re-enfranchised by the holding of a byelection." The move means a byelection for the seat of Kiama is looming, with a motion to expel Ward receiving bipartisan support following his convictions for serious sexual abuse offences. Ward, 44, was escorted into custody last week after a jury found him guilty of sexual intercourse without consent against a 24-year-old man in 2015, and three counts of indecent assault against an 18-year-old man in 2013. The former Liberal is in a Cessnock jail awaiting his sentencing, scheduled for September 19, while he continues to receive his full taxpayer-funded salary. Labor, with support from the Coalition, was expected to introduce a motion to expel Ward from parliament on Tuesday. However, Ward's lawyers filed an injunction at the 11th hour to block the motion, with an urgent full-day hearing in the Court of Appeal underway. It was initially scheduled for Friday; however, it was moved to Thursday, as parliament will break for five weeks after Friday. Judge Bell, Justice Anna Mitchelmore, and Justice Jeremy Kirk rejected Ward's lawyer's arguments and dismissed the interlocutory injunction. "The fact that Mr Ward has filed a notice of intention to appeal (his convictions) does not affect the power of the assembly to expel him," Judge Bell said. "Section 13A(3) of the Constitution Act expressly preserves the assembly's right to expel a member and any doubt is resolved by the second reading speech to introduce that section. "Whether or not the assembly was under an obligation to afford Mr Ward procedural fairness, he has been afforded an opportunity to present arguments as to why he should not be expelled and has exercised that right by his solicitor's letter." Ward has also been orderd pay the government's legal costs. Ward's barrister Peter King had argued the Legislative Assembly would become a "kangaroo court" if it were to expel Ward, as his "existing right as a member of the assembly to speak in the debate to oppose the resolution is lost". "In short, he is to be expelled by a kangaroo court," Mr King said. Judge Bell interjected to say Ward's inability to attend parliament and to oppose the motion was "driven entirely by the fact" he was behind bars. Mr King also argued the assembly had no power to expel him. "We submit it is punitive, firstly because it expels the plaintiff (Ward) from his seat to which he was elected by the people of Kiama," Mr King said. Mr King said the action was also punitive because it would trigger a by-election, and Ward would "further be punished in that respect by losing the opportunity of regaining his seat." Under Standing Order 254 of the NSW Parliament, an MP only faces expulsion if they are found by the House to be "guilty of conduct unworthy of a member of parliament". Mr King claimed the "mere fact" of the convictions was "not a sufficient basis" for an expulsion. He said the letter to Ward from the Leader of the House Ron Hoenig did not outline Ward's behaviour that satisfied the description of the definition of unworthy conduct. "All Mr Ward has is a four-paragraph letter, which fails to identify any behaviour," Mr King said. Judge Bell pressed the barrister, stating: "Are you seriously submitting that convictions of the counts ... are not conduct unworthy?" "The four counts are evidence of the fact of conviction, but they're not evidence of the facts which underlie that conviction," Mr King replied. Mr King told the court Ward has filed a notice of intention to appeal his criminal convictions and that parliament should wait until his appeal is heard before expelling him. He said that if Ward is later acquitted after he is expelled, then he will have lost his rights to regain his seat, meaning his career will have been "trashed". Justice Bell intervened and said a "very significant event" had since interposed since Ward was initially suspended from parliament after he was charged with the offences. "He has had a nine-week trial, and he has been convicted by 12 of his fellow citizens," the judge said. The government's barrister Craig Lenehan SC argued that the interlocutory injunction granted on Monday should be overturned to allow the expulsion motion. He said Ward had "assumed the burden of showing some sort of punitive purpose" in launching the case. "The letter, we say, is very errored territory ... it displays no punitive purpose whatsoever and cannot be said to involve some sort of sham," he said. "We would say ... it's obviously open to a legislative body to form a view that a member committed by a jury of serious sex offence should be expelled to in order to protect the mutual trust and confidence of its members, and also the confidence of the community in the ability of the assembly to discharge its high constitutional functions." NSW Premier Chris Minns said having an MP sitting in jail awaiting sentencing, while demanding to remain in parliament, was "an unconscionable situation". Opposition Leader Mark Speakman repeated calls for Ward to resign after the legal action prevented a parliamentary vote to expel him. Convicted sex offender MP Gareth Ward has lost a fight to keep his job, as the Court of Appeal rejected his lawyer's arguments that his expulsion from parliament would be "punitive". "Representative democracy would not be offended by the passage of any resolution expelling Mr Ward," Chief Justice Andrew Bell said on Thursday afternoon. "The electorate of Kiama will be re-enfranchised by the holding of a byelection." The move means a byelection for the seat of Kiama is looming, with a motion to expel Ward receiving bipartisan support following his convictions for serious sexual abuse offences. Ward, 44, was escorted into custody last week after a jury found him guilty of sexual intercourse without consent against a 24-year-old man in 2015, and three counts of indecent assault against an 18-year-old man in 2013. The former Liberal is in a Cessnock jail awaiting his sentencing, scheduled for September 19, while he continues to receive his full taxpayer-funded salary. Labor, with support from the Coalition, was expected to introduce a motion to expel Ward from parliament on Tuesday. However, Ward's lawyers filed an injunction at the 11th hour to block the motion, with an urgent full-day hearing in the Court of Appeal underway. It was initially scheduled for Friday; however, it was moved to Thursday, as parliament will break for five weeks after Friday. Judge Bell, Justice Anna Mitchelmore, and Justice Jeremy Kirk rejected Ward's lawyer's arguments and dismissed the interlocutory injunction. "The fact that Mr Ward has filed a notice of intention to appeal (his convictions) does not affect the power of the assembly to expel him," Judge Bell said. "Section 13A(3) of the Constitution Act expressly preserves the assembly's right to expel a member and any doubt is resolved by the second reading speech to introduce that section. "Whether or not the assembly was under an obligation to afford Mr Ward procedural fairness, he has been afforded an opportunity to present arguments as to why he should not be expelled and has exercised that right by his solicitor's letter." Ward has also been orderd pay the government's legal costs. Ward's barrister Peter King had argued the Legislative Assembly would become a "kangaroo court" if it were to expel Ward, as his "existing right as a member of the assembly to speak in the debate to oppose the resolution is lost". "In short, he is to be expelled by a kangaroo court," Mr King said. Judge Bell interjected to say Ward's inability to attend parliament and to oppose the motion was "driven entirely by the fact" he was behind bars. Mr King also argued the assembly had no power to expel him. "We submit it is punitive, firstly because it expels the plaintiff (Ward) from his seat to which he was elected by the people of Kiama," Mr King said. Mr King said the action was also punitive because it would trigger a by-election, and Ward would "further be punished in that respect by losing the opportunity of regaining his seat." Under Standing Order 254 of the NSW Parliament, an MP only faces expulsion if they are found by the House to be "guilty of conduct unworthy of a member of parliament". Mr King claimed the "mere fact" of the convictions was "not a sufficient basis" for an expulsion. He said the letter to Ward from the Leader of the House Ron Hoenig did not outline Ward's behaviour that satisfied the description of the definition of unworthy conduct. "All Mr Ward has is a four-paragraph letter, which fails to identify any behaviour," Mr King said. Judge Bell pressed the barrister, stating: "Are you seriously submitting that convictions of the counts ... are not conduct unworthy?" "The four counts are evidence of the fact of conviction, but they're not evidence of the facts which underlie that conviction," Mr King replied. Mr King told the court Ward has filed a notice of intention to appeal his criminal convictions and that parliament should wait until his appeal is heard before expelling him. He said that if Ward is later acquitted after he is expelled, then he will have lost his rights to regain his seat, meaning his career will have been "trashed". Justice Bell intervened and said a "very significant event" had since interposed since Ward was initially suspended from parliament after he was charged with the offences. "He has had a nine-week trial, and he has been convicted by 12 of his fellow citizens," the judge said. The government's barrister Craig Lenehan SC argued that the interlocutory injunction granted on Monday should be overturned to allow the expulsion motion. He said Ward had "assumed the burden of showing some sort of punitive purpose" in launching the case. "The letter, we say, is very errored territory ... it displays no punitive purpose whatsoever and cannot be said to involve some sort of sham," he said. "We would say ... it's obviously open to a legislative body to form a view that a member committed by a jury of serious sex offence should be expelled to in order to protect the mutual trust and confidence of its members, and also the confidence of the community in the ability of the assembly to discharge its high constitutional functions." NSW Premier Chris Minns said having an MP sitting in jail awaiting sentencing, while demanding to remain in parliament, was "an unconscionable situation". Opposition Leader Mark Speakman repeated calls for Ward to resign after the legal action prevented a parliamentary vote to expel him. Convicted sex offender MP Gareth Ward has lost a fight to keep his job, as the Court of Appeal rejected his lawyer's arguments that his expulsion from parliament would be "punitive". "Representative democracy would not be offended by the passage of any resolution expelling Mr Ward," Chief Justice Andrew Bell said on Thursday afternoon. "The electorate of Kiama will be re-enfranchised by the holding of a byelection." The move means a byelection for the seat of Kiama is looming, with a motion to expel Ward receiving bipartisan support following his convictions for serious sexual abuse offences. Ward, 44, was escorted into custody last week after a jury found him guilty of sexual intercourse without consent against a 24-year-old man in 2015, and three counts of indecent assault against an 18-year-old man in 2013. The former Liberal is in a Cessnock jail awaiting his sentencing, scheduled for September 19, while he continues to receive his full taxpayer-funded salary. Labor, with support from the Coalition, was expected to introduce a motion to expel Ward from parliament on Tuesday. However, Ward's lawyers filed an injunction at the 11th hour to block the motion, with an urgent full-day hearing in the Court of Appeal underway. It was initially scheduled for Friday; however, it was moved to Thursday, as parliament will break for five weeks after Friday. Judge Bell, Justice Anna Mitchelmore, and Justice Jeremy Kirk rejected Ward's lawyer's arguments and dismissed the interlocutory injunction. "The fact that Mr Ward has filed a notice of intention to appeal (his convictions) does not affect the power of the assembly to expel him," Judge Bell said. "Section 13A(3) of the Constitution Act expressly preserves the assembly's right to expel a member and any doubt is resolved by the second reading speech to introduce that section. "Whether or not the assembly was under an obligation to afford Mr Ward procedural fairness, he has been afforded an opportunity to present arguments as to why he should not be expelled and has exercised that right by his solicitor's letter." Ward has also been orderd pay the government's legal costs. Ward's barrister Peter King had argued the Legislative Assembly would become a "kangaroo court" if it were to expel Ward, as his "existing right as a member of the assembly to speak in the debate to oppose the resolution is lost". "In short, he is to be expelled by a kangaroo court," Mr King said. Judge Bell interjected to say Ward's inability to attend parliament and to oppose the motion was "driven entirely by the fact" he was behind bars. Mr King also argued the assembly had no power to expel him. "We submit it is punitive, firstly because it expels the plaintiff (Ward) from his seat to which he was elected by the people of Kiama," Mr King said. Mr King said the action was also punitive because it would trigger a by-election, and Ward would "further be punished in that respect by losing the opportunity of regaining his seat." Under Standing Order 254 of the NSW Parliament, an MP only faces expulsion if they are found by the House to be "guilty of conduct unworthy of a member of parliament". Mr King claimed the "mere fact" of the convictions was "not a sufficient basis" for an expulsion. He said the letter to Ward from the Leader of the House Ron Hoenig did not outline Ward's behaviour that satisfied the description of the definition of unworthy conduct. "All Mr Ward has is a four-paragraph letter, which fails to identify any behaviour," Mr King said. Judge Bell pressed the barrister, stating: "Are you seriously submitting that convictions of the counts ... are not conduct unworthy?" "The four counts are evidence of the fact of conviction, but they're not evidence of the facts which underlie that conviction," Mr King replied. Mr King told the court Ward has filed a notice of intention to appeal his criminal convictions and that parliament should wait until his appeal is heard before expelling him. He said that if Ward is later acquitted after he is expelled, then he will have lost his rights to regain his seat, meaning his career will have been "trashed". Justice Bell intervened and said a "very significant event" had since interposed since Ward was initially suspended from parliament after he was charged with the offences. "He has had a nine-week trial, and he has been convicted by 12 of his fellow citizens," the judge said. The government's barrister Craig Lenehan SC argued that the interlocutory injunction granted on Monday should be overturned to allow the expulsion motion. He said Ward had "assumed the burden of showing some sort of punitive purpose" in launching the case. "The letter, we say, is very errored territory ... it displays no punitive purpose whatsoever and cannot be said to involve some sort of sham," he said. "We would say ... it's obviously open to a legislative body to form a view that a member committed by a jury of serious sex offence should be expelled to in order to protect the mutual trust and confidence of its members, and also the confidence of the community in the ability of the assembly to discharge its high constitutional functions." NSW Premier Chris Minns said having an MP sitting in jail awaiting sentencing, while demanding to remain in parliament, was "an unconscionable situation". Opposition Leader Mark Speakman repeated calls for Ward to resign after the legal action prevented a parliamentary vote to expel him. Convicted sex offender MP Gareth Ward has lost a fight to keep his job, as the Court of Appeal rejected his lawyer's arguments that his expulsion from parliament would be "punitive". "Representative democracy would not be offended by the passage of any resolution expelling Mr Ward," Chief Justice Andrew Bell said on Thursday afternoon. "The electorate of Kiama will be re-enfranchised by the holding of a byelection." The move means a byelection for the seat of Kiama is looming, with a motion to expel Ward receiving bipartisan support following his convictions for serious sexual abuse offences. Ward, 44, was escorted into custody last week after a jury found him guilty of sexual intercourse without consent against a 24-year-old man in 2015, and three counts of indecent assault against an 18-year-old man in 2013. The former Liberal is in a Cessnock jail awaiting his sentencing, scheduled for September 19, while he continues to receive his full taxpayer-funded salary. Labor, with support from the Coalition, was expected to introduce a motion to expel Ward from parliament on Tuesday. However, Ward's lawyers filed an injunction at the 11th hour to block the motion, with an urgent full-day hearing in the Court of Appeal underway. It was initially scheduled for Friday; however, it was moved to Thursday, as parliament will break for five weeks after Friday. Judge Bell, Justice Anna Mitchelmore, and Justice Jeremy Kirk rejected Ward's lawyer's arguments and dismissed the interlocutory injunction. "The fact that Mr Ward has filed a notice of intention to appeal (his convictions) does not affect the power of the assembly to expel him," Judge Bell said. "Section 13A(3) of the Constitution Act expressly preserves the assembly's right to expel a member and any doubt is resolved by the second reading speech to introduce that section. "Whether or not the assembly was under an obligation to afford Mr Ward procedural fairness, he has been afforded an opportunity to present arguments as to why he should not be expelled and has exercised that right by his solicitor's letter." Ward has also been orderd pay the government's legal costs. Ward's barrister Peter King had argued the Legislative Assembly would become a "kangaroo court" if it were to expel Ward, as his "existing right as a member of the assembly to speak in the debate to oppose the resolution is lost". "In short, he is to be expelled by a kangaroo court," Mr King said. Judge Bell interjected to say Ward's inability to attend parliament and to oppose the motion was "driven entirely by the fact" he was behind bars. Mr King also argued the assembly had no power to expel him. "We submit it is punitive, firstly because it expels the plaintiff (Ward) from his seat to which he was elected by the people of Kiama," Mr King said. Mr King said the action was also punitive because it would trigger a by-election, and Ward would "further be punished in that respect by losing the opportunity of regaining his seat." Under Standing Order 254 of the NSW Parliament, an MP only faces expulsion if they are found by the House to be "guilty of conduct unworthy of a member of parliament". Mr King claimed the "mere fact" of the convictions was "not a sufficient basis" for an expulsion. He said the letter to Ward from the Leader of the House Ron Hoenig did not outline Ward's behaviour that satisfied the description of the definition of unworthy conduct. "All Mr Ward has is a four-paragraph letter, which fails to identify any behaviour," Mr King said. Judge Bell pressed the barrister, stating: "Are you seriously submitting that convictions of the counts ... are not conduct unworthy?" "The four counts are evidence of the fact of conviction, but they're not evidence of the facts which underlie that conviction," Mr King replied. Mr King told the court Ward has filed a notice of intention to appeal his criminal convictions and that parliament should wait until his appeal is heard before expelling him. He said that if Ward is later acquitted after he is expelled, then he will have lost his rights to regain his seat, meaning his career will have been "trashed". Justice Bell intervened and said a "very significant event" had since interposed since Ward was initially suspended from parliament after he was charged with the offences. "He has had a nine-week trial, and he has been convicted by 12 of his fellow citizens," the judge said. The government's barrister Craig Lenehan SC argued that the interlocutory injunction granted on Monday should be overturned to allow the expulsion motion. He said Ward had "assumed the burden of showing some sort of punitive purpose" in launching the case. "The letter, we say, is very errored territory ... it displays no punitive purpose whatsoever and cannot be said to involve some sort of sham," he said. "We would say ... it's obviously open to a legislative body to form a view that a member committed by a jury of serious sex offence should be expelled to in order to protect the mutual trust and confidence of its members, and also the confidence of the community in the ability of the assembly to discharge its high constitutional functions." NSW Premier Chris Minns said having an MP sitting in jail awaiting sentencing, while demanding to remain in parliament, was "an unconscionable situation". Opposition Leader Mark Speakman repeated calls for Ward to resign after the legal action prevented a parliamentary vote to expel him.
