The NSW Supreme Court has ruled the state Parliament can vote to expel jailed MP Gareth Ward.
In a judgment handed down on Thursday afternoon, the court rejected Ward’s lawyers’ arguments to try to prevent the vote of expulsion in the lower house.
Ward was found guilty of four sexual assault offences last month. He is being held in prison while awaiting sentencing, and plans to appeal.
The NSW Parliament will now vote on removing him as the state MP for Kiama.
Background
Ward was first elected to State Parliament in 2011, and was a Minister in the previous Coalition Government.
Ward left the party when historic sexual abuse allegations against him surfaced four years ago.
He was re-elected as an independent for the seat of Kiama in 2023.
Last month, Ward was found guilty of three counts of indecent assault and one count of sexual intercourse without consent against two men aged 18 and 24 at the time.
Parliament vote
MPs aren’t automatically dismissed if criminal charges are laid against them.
Parliament can pass a rare motion to expel a member if their behaviour would bring the houses into “disrepute”. This hasn’t been done since 1969.
Both Labor and the Coalition urged Ward to resign on his own terms.
Ward, who is currently in custody, told his lawyers to apply to the NSW Supreme Court to delay a vote on his expulsion.
Your contribution ensures The Daily Aus can continue doing the work you love.
I want to give $10 monthly to help TDA keep doing the news.
Your details:
Court
On Monday, the court granted a temporary order to prevent the expulsion vote from going ahead.
While the Supreme Court’s powers over Parliament’s business could be contested, the Government said it had chosen to “respect” the will of the court.
The Government appealed and the court allowed for an urgent hearing today.
Ward’s lawyers argued the Parliament couldn’t remove him while he was still awaiting sentence and appeal.
Today's ruling
Today, the Supreme Court rejected Ward’s lawyers arguments, allowing the vote to go ahead.
Part of Ward’s lawyers’ argument was that he wouldn’t have an opportunity to respond to the motion in Parliament.
Delivering the court’s judgment, Chief Justice Andrew Bell ruled: “That he is unable to attend [Parliament] is a consequence of having been remanded in custody following conviction for serious criminal offences.”
What now?
The expulsion motion is likely to go ahead within the next 24 hours in Parliament.
The Government moved quickly to secure a court order allowing it to proceed with the expulsion this week, as both houses are not due to sit again until mid-September.
Liberal leader Mark Speakman issued a statement, saying: “The Opposition is ready to have Gareth Ward expelled from Parliament forthwith.”
