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| NSW faces constitutional showdown as parliament’s push to expel convicted rapist Gareth Ward delayed by supreme court | NSW faces constitutional showdown as parliament’s push to expel convicted rapist Gareth Ward delayed by supreme court |
| (32 minutes later) | |
| Both major parties want to expel Ward from parliament after he was convicted, but the Kiama MP has engaged lawyers from his prison cell | Both major parties want to expel Ward from parliament after he was convicted, but the Kiama MP has engaged lawyers from his prison cell |
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| Convicted rapist MP Gareth Ward will face an urgent court hearing on Thursday after he sought an injunction to stop his parliamentary colleagues expelling him from the New South Wales parliament. | Convicted rapist MP Gareth Ward will face an urgent court hearing on Thursday after he sought an injunction to stop his parliamentary colleagues expelling him from the New South Wales parliament. |
| The Minns government on Tuesday sought the hearing in the state’s supreme court to lift an ex parte injunction granted the previous day to Ward. The injunction prevents parliament, until at least Thursday, from moving to expel the member for Kiama. | |
| Ward commenced the proceedings on Monday night via his lawyers from Silverwater jail, where he has been remanded pending sentencing in September. | Ward commenced the proceedings on Monday night via his lawyers from Silverwater jail, where he has been remanded pending sentencing in September. |
| Ward has said he will appeal his July criminal convictions on three counts of indecent assault and one for sexual intercourse without consent involving two young men in incidents that occurred in 2013 and 2015. | Ward has said he will appeal his July criminal convictions on three counts of indecent assault and one for sexual intercourse without consent involving two young men in incidents that occurred in 2013 and 2015. |
| The parliament faced a potential constitutional showdown with the state’s supreme court after the leader of the Legislative Assembly, Ron Hoenig, told reporters the government did not believe the court had the constitutional power to restrain the parliament or any member from moving a motion in the lower house. | The parliament faced a potential constitutional showdown with the state’s supreme court after the leader of the Legislative Assembly, Ron Hoenig, told reporters the government did not believe the court had the constitutional power to restrain the parliament or any member from moving a motion in the lower house. |
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| However, “out of respect for the court”, the parliament would apply for a more urgent hearing date, when it would seek to have the injunction lifted, Hoenig said on Tuesday morning. | However, “out of respect for the court”, the parliament would apply for a more urgent hearing date, when it would seek to have the injunction lifted, Hoenig said on Tuesday morning. |
| The application for the hearing was put before the president of the court of appeal, justice Julie Ward, at midday. She deemed that the matter should be brought forward by a day and heard by the court of appeal on Thursday. | The application for the hearing was put before the president of the court of appeal, justice Julie Ward, at midday. She deemed that the matter should be brought forward by a day and heard by the court of appeal on Thursday. |
| She offered to bring it forward to Wednesday if that suited both parties. However, Ward’s barrister, Peter King, said getting instructions from Ward promptly was a challenge, given he was remanded in custody in the Hunter Valley. King also noted that an earlier date could interfere with his mother’s 95th birthday. | She offered to bring it forward to Wednesday if that suited both parties. However, Ward’s barrister, Peter King, said getting instructions from Ward promptly was a challenge, given he was remanded in custody in the Hunter Valley. King also noted that an earlier date could interfere with his mother’s 95th birthday. |
| “You’re the ones that have invoked the jurisdiction of the court,” Ward replied. “Ordinarily, one would not expect the matter would be going on for a long time.” | “You’re the ones that have invoked the jurisdiction of the court,” Ward replied. “Ordinarily, one would not expect the matter would be going on for a long time.” |
| Justice Deborah Sweeney, the duty judge in the supreme court, granted Ward the initial injunction on Monday night after the government notified the MP and his lawyers of Tuesday’s proposed motion to expel him. | Justice Deborah Sweeney, the duty judge in the supreme court, granted Ward the initial injunction on Monday night after the government notified the MP and his lawyers of Tuesday’s proposed motion to expel him. |
| He was invited to submit any arguments to the parliament. The government did not have an opportunity to make submissions to the court on Monday night. | He was invited to submit any arguments to the parliament. The government did not have an opportunity to make submissions to the court on Monday night. |
| Hoenig told reporters on Tuesday morning that the scheduled hearing on Friday was too late, because the parliament was due to rise then and would need to be recalled if Ward’s injunction was not dealt with more swiftly. | |
| The NSW premier, Chris Minns, has made it clear Ward should resign – or the government would remove him via an expulsion motion. | The NSW premier, Chris Minns, has made it clear Ward should resign – or the government would remove him via an expulsion motion. |
| “We’ve got a week of parliament to sit, and I think that 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,” Minns told 2GB radio on Tuesday. | “We’ve got a week of parliament to sit, and I think that 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,” Minns told 2GB radio on Tuesday. |
| Ward’s conviction has plunged the NSW parliament into uncharted territory. | Ward’s conviction has plunged the NSW parliament into uncharted territory. |
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| As an independent member, he has not been under the usual pressure to resign from a political party. Therefore, the parliament was having to rely on a little-used inherent power to protect itself if the conduct of a member could damage the integrity of the parliament and endanger its proper functioning. | |
| The government had planned to begin moves to expel Ward on Tuesday, with a vote expected on Wednesday. | The government had planned to begin moves to expel Ward on Tuesday, with a vote expected on Wednesday. |
| The opposition leader, Mark Speakman, said the Coalition would support the government seeking Ward’s expulsion. | The opposition leader, Mark Speakman, said the Coalition would support the government seeking Ward’s expulsion. |
| “Every day he clings to his seat from a jail cell, taxpayers are footing the bill, and the people of Kiama are left voiceless. It’s not just wrong, it’s offensive,” Speakman said on Tuesday. | “Every day he clings to his seat from a jail cell, taxpayers are footing the bill, and the people of Kiama are left voiceless. It’s not just wrong, it’s offensive,” Speakman said on Tuesday. |
| In 2021, Ward left the Liberal party and moved to the crossbench after identifying himself as the state MP under investigation by the child abuse and sex crimes squad. | In 2021, Ward left the Liberal party and moved to the crossbench after identifying himself as the state MP under investigation by the child abuse and sex crimes squad. |
| When charges were laid in March 2022, the then NSW premier, Dominic Perrottet, called for his resignation. Later that month, Ward was suspended after a motion unanimously passed the Legislative Assembly. In August 2022, Ward was committed to stand trial. | When charges were laid in March 2022, the then NSW premier, Dominic Perrottet, called for his resignation. Later that month, Ward was suspended after a motion unanimously passed the Legislative Assembly. In August 2022, Ward was committed to stand trial. |
| But Ward’s voters in the south coast state seat of Kiama re-elected him in March 2023 and he returned to Macquarie Street. | But Ward’s voters in the south coast state seat of Kiama re-elected him in March 2023 and he returned to Macquarie Street. |