The NSW Supreme Court will hear an urgent case to allow the State Government to vote to expel jailed MP Gareth Ward.
Ward was found guilty of sexually assaulting and indecently touching two young men earlier this month. He has denied guilt and plans to appeal.
MPs were due to vote for his expulsion from Parliament this week, with Labor and the Coalition backing the motion.
Ward, who remains in Parliament as the member for Kiama, has asked the NSW Supreme Court to stop the vote from going ahead.
Gareth Ward
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, relating to two men aged 18 and 24 at the time of the indecent acts.
Police charged Ward and he pleaded not guilty in court.
He was re-elected as an independent for the seat of Kiama in 2023. His term ends in 2027.
Last month, Ward was found guilty of three counts of indecent assault and one count of sexual intercourse without consent.
He is currently being held in prison while waiting for sentencing, due to take place in September.
Ward’s lawyers have indicated he will appeal.
NSW Parliament
MPs aren’t automatically dismissed if criminal charges are laid against them.
NSW Parliament rules state an MP is expelled if they are convicted of an “infamous crime”.
Traditionally, “infamous” refers to criminal conduct that disqualifies someone from telling the truth in court, such as bribery or treason.
MPs also automatically lose their seat if they are convicted of a crime punishable by at least five years in prison.
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The NSW Parliament hasn’t expelled an MP since 1969.
The MP, Alexander Armstrong, admitted in court that he had considered bribing a judge. His actions were then ruled “conduct unworthy of a member”.
In the UK, an MP can face a by-election if they have been convicted of a crime, suspended from Parliament for at least two weeks, or made misleading claims about their expenses, and if at least 10% of voters in the seat sign a “recall petition”.
Govt moves
The Labor Government urged Ward to resign from Parliament “immediately” after the verdict was handed down.
Coalition leader Mark Speakman supported Labor’s move.
He added that if Ward didn’t resign, “the Parliament should swiftly take all appropriate steps to protect its integrity.”
An initial vote to expel Ward was scheduled for Tuesday.
Ward’s lawyers applied for an “injunction” (order) in the NSW Supreme Court to stop the vote from going ahead, which the court granted.
There are questions over whether a court order can have a binding effect on Parliament. Senior Government Minister Ron Hoenig told reporters on Tuesday he would give “due respect” to the court’s decision.
The Government will appeal the order at an urgent hearing listed for Thursday in the Supreme Court.
This week is the last time the NSW Parliament will sit until mid-September.
