Kiama MP Gareth Ward's criminal trial told of ‘unreliability' in closing address
Mr Ward, a 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.
Since his arrest three years ago, the 43-year-old has denied the allegations and pleaded not guilty to all counts.
In the Darlinghurst District Court on Monday, defence barrister David Campbell SC continued his closing address, telling the court that the first complainant, a parliamentary staffer who was 24 at the time of the alleged incident, has a 'certain unreliability' when it comes to his memory.
In evidence, the man was earlier asked about which particular event he was attending at Parliament House on the night in question, to which he said he couldn't recall 'exactly' but gave details as to which event he believed it was.
'I believed it was that event,' the man said.
'Do you think it, do you believe it or do you know it … what's the position?' Mr Campbell replied, to which the man stated he 'believes it'.
Mr Campbell told the jury that what the man couldn't do was say he 'knows it'.
'He (the complainant) said that sometimes memories can meld together, particularly given the amount of time that has passed,' he said.
'Due to that corrosive effect on the memory, there must be a certain unreliability of what (name redacted) is now suggesting to you the jury.'
Mr Campbell went on to thank the jury for their patience over the past eight weeks.
'This is the last chance we have to say anything to you on behalf of Mr Ward … and there may well be bits we haven't covered,' he said.
'Our submission to you is clearly this: The Crown has simply not discharged the burden it has in either of those two complainants' cases.'
The barrister urged the jury to find the MP not guilty on all counts.
Mr Ward is alleged to have assaulted a man, who had just turned 18 at the time, at the MP's South Coast home in February 2013.
It's 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.
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Sydney Morning Herald
10 minutes ago
- Sydney Morning Herald
Guilty verdict has wiped the creepy smile off Gareth Ward's face. Now he must resign
Most days for the past two months, Gareth Ward has walked into a Sydney courtroom wearing a huge smile and giving an occasional wave to the cameras. It has been a jarring and creepy display from an MP on trial for serious sexual assault offences. By last Friday, the smile had been wiped from his face after a jury found the former Liberal minister-turned independent MP indecently assaulted an 18-year-old man at his Shoalhaven home on the South Coast in 2013 three times, and had sexual intercourse without consent with a 24-year-old political staffer in Potts Point in 2015. He remains on bail until a detention application is made by prosecutors on Wednesday. The former minister for families, communities and disability services during Gladys Berejiklian's second term as premier was charged with the offences in 2022. He was suspended from parliament but returned after his astonishing re-election in the seat of Kiama at the March 2023 poll. Ward has also been caught up in all manner of other scandals, but nothing that meets the threshold of a criminal offence. Friday's guilty verdict should rid Macquarie Street of him once and for all. Ward has so far shown no interest in resigning, and parliament has limited options to force him out. Premier Chris Minns has demanded Ward resign. On Monday, Minns rightly said NSW was in a 'ridiculous' situation where someone convicted of incredibly serious sexual assault offences could remain a member of parliament. 'You name me one workplace in the world where that person would continue to be an employee facing that kind of jail time,' he said. Opposition Leader Mark Speakman also demanded Ward quit. 'There is no excuse for the criminal behaviour which the jury has found occurred beyond reasonable doubt – a complete abuse of power which has no place anywhere, let alone by those entrusted by the public to represent them.' In NSW, an MP is unable to stay in parliament if they make an allegiance to a foreign power, are declared bankrupt or are convicted of an 'infamous crime' or offence punishable by imprisonment for a term of five years or more. Ward should resign. While he may not be expelled by parliament, he will almost certainly be suspended, meaning he can't properly represent the electorate while he exhausts all legal options, including a potential appeal.

The Age
10 minutes ago
- The Age
Guilty verdict has wiped the creepy smile off Gareth Ward's face. Now he must resign
Most days for the past two months, Gareth Ward has walked into a Sydney courtroom wearing a huge smile and giving an occasional wave to the cameras. It has been a jarring and creepy display from an MP on trial for serious sexual assault offences. By last Friday, the smile had been wiped from his face after a jury found the former Liberal minister-turned independent MP indecently assaulted an 18-year-old man at his Shoalhaven home on the South Coast in 2013 three times, and had sexual intercourse without consent with a 24-year-old political staffer in Potts Point in 2015. He remains on bail until a detention application is made by prosecutors on Wednesday. The former minister for families, communities and disability services during Gladys Berejiklian's second term as premier was charged with the offences in 2022. He was suspended from parliament but returned after his astonishing re-election in the seat of Kiama at the March 2023 poll. Ward has also been caught up in all manner of other scandals, but nothing that meets the threshold of a criminal offence. Friday's guilty verdict should rid Macquarie Street of him once and for all. Ward has so far shown no interest in resigning, and parliament has limited options to force him out. Premier Chris Minns has demanded Ward resign. On Monday, Minns rightly said NSW was in a 'ridiculous' situation where someone convicted of incredibly serious sexual assault offences could remain a member of parliament. 'You name me one workplace in the world where that person would continue to be an employee facing that kind of jail time,' he said. Opposition Leader Mark Speakman also demanded Ward quit. 'There is no excuse for the criminal behaviour which the jury has found occurred beyond reasonable doubt – a complete abuse of power which has no place anywhere, let alone by those entrusted by the public to represent them.' In NSW, an MP is unable to stay in parliament if they make an allegiance to a foreign power, are declared bankrupt or are convicted of an 'infamous crime' or offence punishable by imprisonment for a term of five years or more. Ward should resign. While he may not be expelled by parliament, he will almost certainly be suspended, meaning he can't properly represent the electorate while he exhausts all legal options, including a potential appeal.

ABC News
an hour ago
- 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.