NSW politics must be rid of pestilent rapist MP
The MP for Kiama since 2011 and a former Liberal minister-turned independent, Ward was found guilty last month of indecently assaulting an 18-year-old man at his Shoalhaven home on the South Coast in 2013 three times and having sexual intercourse without consent with a 24-year-old political staffer in Potts Point in 2015.
The 44-year-old's bail was revoked last Wednesday, but he refuses to leave his upper house seat and in a bizarre twist, his lawyers have sought an injunction against the leader of the lower house, Ron Hoenig, and Speaker Greg Piper to stop his expulsion from parliament. Premier Chris Minns confirmed the government would seek an urgent Supreme Court hearing 'to address the matter' to overturn the court's injunctive order ruling.
Ward will not be sentenced until September 19. Prosecutor Monika Knowles told the court the day he was convicted that the seriousness of his crimes virtually guaranteed a custodial sentence. But, that may not be the end of the matter: bizarrely, the length of his sentence could impact on his ability to retain his parliamentary seat.
Under the NSW Constitution Act, an MP's seat is declared vacant if they are convicted of crime that is punishable by five years or more in prison, although under changes to the law in 2000, conviction is considered to mean 'once you have reached the end of the appeals process, if you choose to appeal, and not had the conviction overturned'.
Ward's persistence in keeping his seat has upended the concept of workplace safety and, under the current rules, turned the NSW Parliament into the only workplace in Australia where a convicted rapist is free to keep their job.
After his convictions, we called for Ward's resignation and wondered if, should he not be expelled by parliament, suspension would surely follow. The outcome will be decided by the court now, but the upshot is that he cannot adequately represent his electorate while he exhausts all legal options.
Ward's grim and thoughtless determination to hold on to his parliament seat and pay packet displays an arrogant contempt for the people of Kiama who voted for him, and a brutal indifference to the harm caused to victims of sexual assaults by a perpetrator allowed to keep the spoils of his public office while stubbornly prolonging the inevitable.
Clearly, politicians on all sides need to address the anomaly exposed by Ward's refusal to leave public life: that is, in NSW, as things stand, only five years' jail is a sackable offence. If the Kiama MP is not flouting the rules, it is clear the rules need to be changed.
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Lawyers for convicted rapist Gareth Ward have filed an injunction to stop his expulsion from parliament, which means he will remain MP for Kiama in the NSW Illawarra region while he awaits his sentencing behind bars. But Local Government Minister Ron Hoenig said the Supreme Court orders issued by Justice Sweeney were "non-binding upon the House" and the government would give the court the opportunity to rectify what he called "a significant constitutional error". Parliament returned on Tuesday and it was expected a notice of motion to expel the disgraced politician would be put forward. However, NSW Premier Chris Minns confirmed Ward's lawyers sought the injunction against Leader of the Lower House Ron Hoenig, with an urgent hearing to occur in the Supreme Court later this week. He warned there was a critical time factor at play, with parliament sitting from Tuesday for just one week before breaking again for five weeks. Mr Minns told 2GB radio on Tuesday morning that "most people would appreciate, it's an unconscionable situation to have someone who's currently sitting in Silverwater ... who is demanding to remain a member of parliament and continue to be paid". "Clearly he's got no shame," Mr Minns said. Mr Hoenig said he had received the orders from the Supreme Court but believed they did not stop the House from moving forward with the expulsion motion. "The orders made by the court yesterday afternoon, we say, have no effect and are not binding upon the House," Mr Hoenig said. "The House has an inherent power to conduct its own business, in accordance with the Constitution, unconstrained by any interference." He said the Crown Solicitors had been instructed to approach Justice Sweeney to "reconsider the orders that she had made to enable the House to conduct its affairs on behalf of the people unconstrained". He noted the case was listed for hearing on Friday, which is the last sitting day of the parliament until September 9. The Crown Solicitors had been instructed to try and get the case heard today rather than waiting until Friday, which may result in the parliament having to be recalled to deal with the expulsion motion. In a press conference, Mr Hoenig was asked whether the government planned to go ahead with the expulsion motion regardless of the court orders. "It is open to the House to conduct its affairs," he said. "We say that the court has no jurisdiction to prevent any member of parliament from moving a motion or any power to have the House conduct its affairs as it is entitled to under the Constitution. "However, we are talking about a separation of powers, we are talking about the Supreme Court of NSW, also a constitutional court, so we will give the court the opportunity to correct what we say is a significant constitutional error." The Minister said the affidavit from Ward's lawyers "asserted that the parliament had no jurisdiction to expel him", which Mr Hoenig said was constitutionally incorrect. Mr Hoenig said, in any debate on the expulsion motion, the parliament was free to consider waiting until Ward had exhausted the appeals process. "It's a matter for Parliament to consider, so it's my role to place the matter before the House for its consideration and for the House to consider it," Mr Hoenig said. "But as you would appreciate, the appeals process will take quite some time. "So if you run the appeals process through the Court of Criminal Appeal and then reserves its judgment, and then there's a special leave for the high court, the people of Kiama, for example, could be represented by somebody in custody right up until the next election." Ward, 44, has been in jail since last week after Judge Kara Shead SC granted a detention application to revoke his bail, after a jury found him guilty of sexual intercourse without consent and three counts of indecent assault. The Kiama MP since 2011 had faced a nine-week trial, which heard he sexually assaulted a 24-year-old man in Potts Point in 2015, and touched and massaged an 18-year-old man in Meroo Meadow in 2013. He met both men through political circles. On the morning parliament returned NSW Opposition Leader Mark Speakman recommitted to supporting Ward's expulsion and working with the government "to get this done as quickly as possible" "However, Mr Ward's legal team should do whatever it takes to get a clear message to him - immediately resign," Mr Speakman said. "Every day he clings to his seat from a jail cell, taxpayers are footing the bill and the people of Kiama are left voiceless. It's not just wrong, it's offensive. "This is about decency, accountability, and basic respect for the community. Mr Ward should spare the Parliament, spare the courts, and above all, spare the people of NSW any further disgrace. "Step aside." Last week, Local Government Minister Ron Hoenig sent a letter to Ward via his legal team notifying him of the parliament's plans to consider his expulsion. "I am sure you would appreciate that in view of the verdict of the jury convicting you of serious criminal offences that the House needs to consider whether your continued membership of the House requires it to act to protect the high standing of the Parliament so that it may discharge with the confidence of the community the great responsibility that it bears," the letter stated. The letter, seen by the Mercury, noted that Ward was in custody and would be unable to attend parliament when the expulsion motion is being debated. "Accordingly, I invite you to submit to me yourself or anyone on your behalf any statement or material you would want the House to consider prior to making any determination," the letter stated. It gave a deadline for submissions of 9am on August 5. Under the NSW Constitution Act, an MPs seat is declared vacant if they are convicted of a crime punishable by five years or more imprisonment. Ward is facing a maximum penalty of 14 years' jail. However, changes to the law in 2000 state that a conviction is considered to mean "once you have reached the end of the appeals process ... and not had the conviction overturned". Ward confirmed his intention to appeal in a press release issued last Friday. "I am taking advice about next steps, but I can confirm that I have provided instructions to my legal team to prepare an appeal at the earliest opportunity," he said. Parliament also has the power to expel an MP for "unworthy conduct". If the expulsion is passed a byelection will be called for the seat of Kiama. Despite being charged with the offences in 2022, Ward was re-elected to the seat as an independent in 2023. Lawyers for convicted rapist Gareth Ward have filed an injunction to stop his expulsion from parliament, which means he will remain MP for Kiama in the NSW Illawarra region while he awaits his sentencing behind bars. But Local Government Minister Ron Hoenig said the Supreme Court orders issued by Justice Sweeney were "non-binding upon the House" and the government would give the court the opportunity to rectify what he called "a significant constitutional error". Parliament returned on Tuesday and it was expected a notice of motion to expel the disgraced politician would be put forward. However, NSW Premier Chris Minns confirmed Ward's lawyers sought the injunction against Leader of the Lower House Ron Hoenig, with an urgent hearing to occur in the Supreme Court later this week. He warned there was a critical time factor at play, with parliament sitting from Tuesday for just one week before breaking again for five weeks. Mr Minns told 2GB radio on Tuesday morning that "most people would appreciate, it's an unconscionable situation to have someone who's currently sitting in Silverwater ... who is demanding to remain a member of parliament and continue to be paid". "Clearly he's got no shame," Mr Minns said. Mr Hoenig said he had received the orders from the Supreme Court but believed they did not stop the House from moving forward with the expulsion motion. "The orders made by the court yesterday afternoon, we say, have no effect and are not binding upon the House," Mr Hoenig said. "The House has an inherent power to conduct its own business, in accordance with the Constitution, unconstrained by any interference." He said the Crown Solicitors had been instructed to approach Justice Sweeney to "reconsider the orders that she had made to enable the House to conduct its affairs on behalf of the people unconstrained". He noted the case was listed for hearing on Friday, which is the last sitting day of the parliament until September 9. The Crown Solicitors had been instructed to try and get the case heard today rather than waiting until Friday, which may result in the parliament having to be recalled to deal with the expulsion motion. In a press conference, Mr Hoenig was asked whether the government planned to go ahead with the expulsion motion regardless of the court orders. "It is open to the House to conduct its affairs," he said. "We say that the court has no jurisdiction to prevent any member of parliament from moving a motion or any power to have the House conduct its affairs as it is entitled to under the Constitution. "However, we are talking about a separation of powers, we are talking about the Supreme Court of NSW, also a constitutional court, so we will give the court the opportunity to correct what we say is a significant constitutional error." The Minister said the affidavit from Ward's lawyers "asserted that the parliament had no jurisdiction to expel him", which Mr Hoenig said was constitutionally incorrect. Mr Hoenig said, in any debate on the expulsion motion, the parliament was free to consider waiting until Ward had exhausted the appeals process. "It's a matter for Parliament to consider, so it's my role to place the matter before the House for its consideration and for the House to consider it," Mr Hoenig said. "But as you would appreciate, the appeals process will take quite some time. "So if you run the appeals process through the Court of Criminal Appeal and then reserves its judgment, and then there's a special leave for the high court, the people of Kiama, for example, could be represented by somebody in custody right up until the next election." Ward, 44, has been in jail since last week after Judge Kara Shead SC granted a detention application to revoke his bail, after a jury found him guilty of sexual intercourse without consent and three counts of indecent assault. The Kiama MP since 2011 had faced a nine-week trial, which heard he sexually assaulted a 24-year-old man in Potts Point in 2015, and touched and massaged an 18-year-old man in Meroo Meadow in 2013. He met both men through political circles. On the morning parliament returned NSW Opposition Leader Mark Speakman recommitted to supporting Ward's expulsion and working with the government "to get this done as quickly as possible" "However, Mr Ward's legal team should do whatever it takes to get a clear message to him - immediately resign," Mr Speakman said. "Every day he clings to his seat from a jail cell, taxpayers are footing the bill and the people of Kiama are left voiceless. It's not just wrong, it's offensive. "This is about decency, accountability, and basic respect for the community. Mr Ward should spare the Parliament, spare the courts, and above all, spare the people of NSW any further disgrace. "Step aside." Last week, Local Government Minister Ron Hoenig sent a letter to Ward via his legal team notifying him of the parliament's plans to consider his expulsion. "I am sure you would appreciate that in view of the verdict of the jury convicting you of serious criminal offences that the House needs to consider whether your continued membership of the House requires it to act to protect the high standing of the Parliament so that it may discharge with the confidence of the community the great responsibility that it bears," the letter stated. The letter, seen by the Mercury, noted that Ward was in custody and would be unable to attend parliament when the expulsion motion is being debated. "Accordingly, I invite you to submit to me yourself or anyone on your behalf any statement or material you would want the House to consider prior to making any determination," the letter stated. It gave a deadline for submissions of 9am on August 5. Under the NSW Constitution Act, an MPs seat is declared vacant if they are convicted of a crime punishable by five years or more imprisonment. Ward is facing a maximum penalty of 14 years' jail. However, changes to the law in 2000 state that a conviction is considered to mean "once you have reached the end of the appeals process ... and not had the conviction overturned". Ward confirmed his intention to appeal in a press release issued last Friday. "I am taking advice about next steps, but I can confirm that I have provided instructions to my legal team to prepare an appeal at the earliest opportunity," he said. Parliament also has the power to expel an MP for "unworthy conduct". If the expulsion is passed a byelection will be called for the seat of Kiama. Despite being charged with the offences in 2022, Ward was re-elected to the seat as an independent in 2023. Lawyers for convicted rapist Gareth Ward have filed an injunction to stop his expulsion from parliament, which means he will remain MP for Kiama in the NSW Illawarra region while he awaits his sentencing behind bars. But Local Government Minister Ron Hoenig said the Supreme Court orders issued by Justice Sweeney were "non-binding upon the House" and the government would give the court the opportunity to rectify what he called "a significant constitutional error". Parliament returned on Tuesday and it was expected a notice of motion to expel the disgraced politician would be put forward. However, NSW Premier Chris Minns confirmed Ward's lawyers sought the injunction against Leader of the Lower House Ron Hoenig, with an urgent hearing to occur in the Supreme Court later this week. He warned there was a critical time factor at play, with parliament sitting from Tuesday for just one week before breaking again for five weeks. Mr Minns told 2GB radio on Tuesday morning that "most people would appreciate, it's an unconscionable situation to have someone who's currently sitting in Silverwater ... who is demanding to remain a member of parliament and continue to be paid". "Clearly he's got no shame," Mr Minns said. Mr Hoenig said he had received the orders from the Supreme Court but believed they did not stop the House from moving forward with the expulsion motion. "The orders made by the court yesterday afternoon, we say, have no effect and are not binding upon the House," Mr Hoenig said. "The House has an inherent power to conduct its own business, in accordance with the Constitution, unconstrained by any interference." He said the Crown Solicitors had been instructed to approach Justice Sweeney to "reconsider the orders that she had made to enable the House to conduct its affairs on behalf of the people unconstrained". He noted the case was listed for hearing on Friday, which is the last sitting day of the parliament until September 9. The Crown Solicitors had been instructed to try and get the case heard today rather than waiting until Friday, which may result in the parliament having to be recalled to deal with the expulsion motion. In a press conference, Mr Hoenig was asked whether the government planned to go ahead with the expulsion motion regardless of the court orders. "It is open to the House to conduct its affairs," he said. "We say that the court has no jurisdiction to prevent any member of parliament from moving a motion or any power to have the House conduct its affairs as it is entitled to under the Constitution. "However, we are talking about a separation of powers, we are talking about the Supreme Court of NSW, also a constitutional court, so we will give the court the opportunity to correct what we say is a significant constitutional error." The Minister said the affidavit from Ward's lawyers "asserted that the parliament had no jurisdiction to expel him", which Mr Hoenig said was constitutionally incorrect. Mr Hoenig said, in any debate on the expulsion motion, the parliament was free to consider waiting until Ward had exhausted the appeals process. "It's a matter for Parliament to consider, so it's my role to place the matter before the House for its consideration and for the House to consider it," Mr Hoenig said. "But as you would appreciate, the appeals process will take quite some time. "So if you run the appeals process through the Court of Criminal Appeal and then reserves its judgment, and then there's a special leave for the high court, the people of Kiama, for example, could be represented by somebody in custody right up until the next election." Ward, 44, has been in jail since last week after Judge Kara Shead SC granted a detention application to revoke his bail, after a jury found him guilty of sexual intercourse without consent and three counts of indecent assault. The Kiama MP since 2011 had faced a nine-week trial, which heard he sexually assaulted a 24-year-old man in Potts Point in 2015, and touched and massaged an 18-year-old man in Meroo Meadow in 2013. He met both men through political circles. On the morning parliament returned NSW Opposition Leader Mark Speakman recommitted to supporting Ward's expulsion and working with the government "to get this done as quickly as possible" "However, Mr Ward's legal team should do whatever it takes to get a clear message to him - immediately resign," Mr Speakman said. "Every day he clings to his seat from a jail cell, taxpayers are footing the bill and the people of Kiama are left voiceless. It's not just wrong, it's offensive. "This is about decency, accountability, and basic respect for the community. Mr Ward should spare the Parliament, spare the courts, and above all, spare the people of NSW any further disgrace. "Step aside." Last week, Local Government Minister Ron Hoenig sent a letter to Ward via his legal team notifying him of the parliament's plans to consider his expulsion. "I am sure you would appreciate that in view of the verdict of the jury convicting you of serious criminal offences that the House needs to consider whether your continued membership of the House requires it to act to protect the high standing of the Parliament so that it may discharge with the confidence of the community the great responsibility that it bears," the letter stated. The letter, seen by the Mercury, noted that Ward was in custody and would be unable to attend parliament when the expulsion motion is being debated. "Accordingly, I invite you to submit to me yourself or anyone on your behalf any statement or material you would want the House to consider prior to making any determination," the letter stated. It gave a deadline for submissions of 9am on August 5. Under the NSW Constitution Act, an MPs seat is declared vacant if they are convicted of a crime punishable by five years or more imprisonment. Ward is facing a maximum penalty of 14 years' jail. However, changes to the law in 2000 state that a conviction is considered to mean "once you have reached the end of the appeals process ... and not had the conviction overturned". Ward confirmed his intention to appeal in a press release issued last Friday. "I am taking advice about next steps, but I can confirm that I have provided instructions to my legal team to prepare an appeal at the earliest opportunity," he said. Parliament also has the power to expel an MP for "unworthy conduct". If the expulsion is passed a byelection will be called for the seat of Kiama. Despite being charged with the offences in 2022, Ward was re-elected to the seat as an independent in 2023. Lawyers for convicted rapist Gareth Ward have filed an injunction to stop his expulsion from parliament, which means he will remain MP for Kiama in the NSW Illawarra region while he awaits his sentencing behind bars. But Local Government Minister Ron Hoenig said the Supreme Court orders issued by Justice Sweeney were "non-binding upon the House" and the government would give the court the opportunity to rectify what he called "a significant constitutional error". Parliament returned on Tuesday and it was expected a notice of motion to expel the disgraced politician would be put forward. However, NSW Premier Chris Minns confirmed Ward's lawyers sought the injunction against Leader of the Lower House Ron Hoenig, with an urgent hearing to occur in the Supreme Court later this week. He warned there was a critical time factor at play, with parliament sitting from Tuesday for just one week before breaking again for five weeks. Mr Minns told 2GB radio on Tuesday morning that "most people would appreciate, it's an unconscionable situation to have someone who's currently sitting in Silverwater ... who is demanding to remain a member of parliament and continue to be paid". "Clearly he's got no shame," Mr Minns said. Mr Hoenig said he had received the orders from the Supreme Court but believed they did not stop the House from moving forward with the expulsion motion. "The orders made by the court yesterday afternoon, we say, have no effect and are not binding upon the House," Mr Hoenig said. "The House has an inherent power to conduct its own business, in accordance with the Constitution, unconstrained by any interference." He said the Crown Solicitors had been instructed to approach Justice Sweeney to "reconsider the orders that she had made to enable the House to conduct its affairs on behalf of the people unconstrained". He noted the case was listed for hearing on Friday, which is the last sitting day of the parliament until September 9. The Crown Solicitors had been instructed to try and get the case heard today rather than waiting until Friday, which may result in the parliament having to be recalled to deal with the expulsion motion. In a press conference, Mr Hoenig was asked whether the government planned to go ahead with the expulsion motion regardless of the court orders. "It is open to the House to conduct its affairs," he said. "We say that the court has no jurisdiction to prevent any member of parliament from moving a motion or any power to have the House conduct its affairs as it is entitled to under the Constitution. "However, we are talking about a separation of powers, we are talking about the Supreme Court of NSW, also a constitutional court, so we will give the court the opportunity to correct what we say is a significant constitutional error." The Minister said the affidavit from Ward's lawyers "asserted that the parliament had no jurisdiction to expel him", which Mr Hoenig said was constitutionally incorrect. Mr Hoenig said, in any debate on the expulsion motion, the parliament was free to consider waiting until Ward had exhausted the appeals process. "It's a matter for Parliament to consider, so it's my role to place the matter before the House for its consideration and for the House to consider it," Mr Hoenig said. "But as you would appreciate, the appeals process will take quite some time. "So if you run the appeals process through the Court of Criminal Appeal and then reserves its judgment, and then there's a special leave for the high court, the people of Kiama, for example, could be represented by somebody in custody right up until the next election." Ward, 44, has been in jail since last week after Judge Kara Shead SC granted a detention application to revoke his bail, after a jury found him guilty of sexual intercourse without consent and three counts of indecent assault. The Kiama MP since 2011 had faced a nine-week trial, which heard he sexually assaulted a 24-year-old man in Potts Point in 2015, and touched and massaged an 18-year-old man in Meroo Meadow in 2013. He met both men through political circles. On the morning parliament returned NSW Opposition Leader Mark Speakman recommitted to supporting Ward's expulsion and working with the government "to get this done as quickly as possible" "However, Mr Ward's legal team should do whatever it takes to get a clear message to him - immediately resign," Mr Speakman said. "Every day he clings to his seat from a jail cell, taxpayers are footing the bill and the people of Kiama are left voiceless. It's not just wrong, it's offensive. "This is about decency, accountability, and basic respect for the community. Mr Ward should spare the Parliament, spare the courts, and above all, spare the people of NSW any further disgrace. "Step aside." Last week, Local Government Minister Ron Hoenig sent a letter to Ward via his legal team notifying him of the parliament's plans to consider his expulsion. "I am sure you would appreciate that in view of the verdict of the jury convicting you of serious criminal offences that the House needs to consider whether your continued membership of the House requires it to act to protect the high standing of the Parliament so that it may discharge with the confidence of the community the great responsibility that it bears," the letter stated. The letter, seen by the Mercury, noted that Ward was in custody and would be unable to attend parliament when the expulsion motion is being debated. "Accordingly, I invite you to submit to me yourself or anyone on your behalf any statement or material you would want the House to consider prior to making any determination," the letter stated. It gave a deadline for submissions of 9am on August 5. Under the NSW Constitution Act, an MPs seat is declared vacant if they are convicted of a crime punishable by five years or more imprisonment. Ward is facing a maximum penalty of 14 years' jail. However, changes to the law in 2000 state that a conviction is considered to mean "once you have reached the end of the appeals process ... and not had the conviction overturned". Ward confirmed his intention to appeal in a press release issued last Friday. "I am taking advice about next steps, but I can confirm that I have provided instructions to my legal team to prepare an appeal at the earliest opportunity," he said. Parliament also has the power to expel an MP for "unworthy conduct". If the expulsion is passed a byelection will be called for the seat of Kiama. Despite being charged with the offences in 2022, Ward was re-elected to the seat as an independent in 2023.
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11 hours ago
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