Gareth Ward faces historic expulsion from NSW Parliament after rape conviction, with vote expected Wednesday as legal challenge looms
Ward, an independent member for Kiama, was found guilty in July of three counts of assault with act of indecency against an 18-year-old man in 2013, and one count of sexual intercourse without consent involving a 24-year-old man in 2015.
He has been taken into custody on remand and is due to be sentenced on September 19.
The 44-year-old has confirmed he intends to appeal the conviction, maintaining his innocence since being charged in 2022.
'I am absolutely shattered with the result of the trial and have taken the opportunity over the last few days to spend time with those I love following the verdict,' Ward said in a statement last week.
'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.'
The NSW Constitution allows for the automatic removal of an MP only after sentencing of more than 12 months has been handed down and all appeals are exhausted.
However, under Standing Order 254, Parliament may expel a member for conduct deemed 'unworthy' of the house, a power not used since 1917.
The motion is expected to be moved in the Legislative Assembly on Tuesday and debated on Wednesday, following a delay after Ward's lawyers raised concerns about procedural fairness.
Leader of the House Ron Hoenig confirmed that Ward had been invited to provide any statement or material for consideration ahead of the vote.
While the full details of the legal correspondence have not been made public, it's understood Parliament will still proceed with the motion. Labor has confirmed it will back the expulsion.
Premier Chris Minns said it was untenable for Ward to remain in Parliament following his conviction.
'It is completely ridiculous to be in a situation where someone has been not accused, not charged, but convicted of incredibly serious offences and stay as a member of parliament,' Mr Minns said on Monday.
'I haven't spoken to all of my colleagues, and I haven't spoken to the crossbench or the opposition about it, but it would seem ridiculous that he would continue as a member of parliament.'
Opposition Leader Mark Speakman added: 'If he won't resign, parliament has to take every available legal step to remove him.'
Despite widespread calls for his resignation, Ward has made no move to step down.
'The punitive measure is up to the NSW court. It's not up to parliament,' Mr Minns said. 'They'll make the decision about what punishment is applied, not us.'
If expelled, a by-election will be triggered in the seat of Kiama, which Ward held as an independent at the 2023 state election despite a swing of more than 11 per cent against him.
Ward left the Liberal Party after being charged in 2022. He was previously suspended from cabinet in 2021 when the allegations first surfaced.
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