Kiama MP Gareth Ward to fight expulsion attempt by Labor Government in Supreme Court

Convicted rapist and sitting MP Gareth Ward will return before the Supreme Court in Sydney’s CBD today as he fights attempts by the Labor-controlled state government to have him expelled from Parliament.

The Kiama MP was taken into custody on remand last week while awaiting sentencing after he was found guilty by a jury of three counts of indecent assault and a fourth count of intercourse without consent.

The charges relate to acts against two young men – an 18-year-old at Meroo Meadow in 2013 and a 24-year-old man in Potts Point in 2015 – and sparked calls for the south coast MP to resign from parliament.

A motion was expected to be introduced by Labor to the Legislative Assembly to expel Ward, with support from the Coalition earlier this week. If successful, it would mark the first expulsion from the NSW lower house since 1917.

Instead, the matter was set down for a full-day hearing at the Supreme Court after an 11th hour injunction was applied for by Ward’s lawyers, who argue the State Parliament does not have the power to expel him.

The last-minute legal move makes it almost impossible to expel Ward, who is still being paid by Parliament and is the current member for Kiama, before the Legislative Assembly adjourns until next month.

Leader of the House Ron Hoenig earlier in the week said the court did not have the authority to stop matters being but before legislators, but that the state government would abide by the injunction out of respect.

The matter sets the stage for a peculiar legal challenge.

Premier Chris Minns told 2GB on Tuesday morning most people would “appreciate it’s an unconscionable situation to have someone who’s currently sitting in jail in Silverwater convicted of serious sexual offences who is demanding to remain a member of parliament and continue to be paid”.

Asked why Ward had not resigned, Mr Minns said “clearly, he’s got no shame”.

Opposition Leader Mark Speakman said that, if the government was prepared, they could resume “in the interim with a small quorum of MPs”.

“We would be willing to do that. It would be possible, for example, to have just 20 MPs, the quorum deal with the matter,” he said.

Mr Speakman said “As a general principle, we are supporting the government’s efforts in court.

“That includes as a general principle the arguments that it’s putting in court and the outcome that it seeks, which is that the injunction is lifted and the parliament can proceed to expel Mr Ward.”

The injunctive orders issued by the court, “pending further order”, restrain the defendant, Mr Hoenig, from “from taking any steps to expel or otherwise resolve to expel” Ward between July 30 and 10am on Friday.