A Member of Parliament (MP) in New South Wales, Gareth Ward, is contesting a planned parliamentary expulsion following his conviction for sexual assault. Ward, who represents the south coast seat of Kiama, argues that the expulsion, initiated by the Labor Party, would constitute unlawful punishment and undermine democratic principles.
Ward, 44, awaits sentencing for sexually assaulting an intoxicated political staffer after a parliamentary event in 2015. He was also found guilty of sexually abusing an 18-year-old man at his home in 2013. Despite his convictions, Ward remains in office while the legal proceedings unfold.
Legal Arguments Against Expulsion
A motion led by the Labor Party aimed at expelling Ward was scheduled for a vote, but was postponed after a court intervened at the MP’s request. During proceedings, Peter King, Ward’s barrister, argued that a letter from the Labor government regarding the expulsion merely referenced the convictions without providing a rationale for the proposed action.
According to King, the absence of detailed “unworthy conduct” raises questions about the legitimacy of the expulsion process. He stated, “The four counts are evidence of the fact of conviction, but they’re not evidence of the facts which underlie that conviction.”
Chief Justice Andrew Bell challenged this viewpoint, asking, “Are you seriously submitting that (Ward’s) convictions … are not conduct unworthy?” Justice Jeremy Kirk added that the case presented a “degree of hypotheticality,” as the parliamentary vote had not yet occurred.
King further contended that the proposed expulsion would be punitive, particularly if Ward’s appeal against the convictions were successful. He suggested that such a move could deter qualified individuals from seeking public office, stating, “In short, he is to be expelled by a kangaroo court.”
Parliament’s Defense and Potential Implications
Legal representatives for Greg Piper, the parliamentary speaker, countered that the expulsion was not punitive but rather a necessary measure to uphold the integrity of the parliament and its members. Barrister Craig Lenehan SC emphasized that Ward had been afforded “all the procedural fairness in the world,” including opportunities to submit written arguments against the expulsion.
If the expulsion proceeds, it would trigger a by-election in Kiama, a seat Ward has held since 2011. Initially elected under the Liberal Party, he won re-election in 2023 as an independent, even after being charged with sexual assault and suspended from parliamentary duties.
The outcome of the parliamentary vote is likely to reflect the consensus of both the Labor and coalition parties, making expulsion highly probable. Ward remains in custody pending his sentencing for the sexual assaults, which underscores the serious nature of the allegations against him.
As the legal battle continues, the implications for both Ward and the broader political landscape in New South Wales remain significant.
