The New South Wales parliament is heading for a constitutional showdown after convicted rapist MP Gareth Ward sought an injunction from the state's supreme court to prevent his expulsion. The Minns government has applied for an urgent hearing on Thursday to lift the injunction, which was granted ex parte on Monday night.
Ward, the independent member for Kiama, instructed his lawyers from Silverwater jail, where he is remanded pending sentencing in September. He was convicted in July of three counts of indecent assault and one of sexual intercourse without consent, involving two young men in incidents from 2013 and 2015. He has indicated he will appeal.
The leader of the Legislative Assembly, Ron Hoenig, said the government did not believe the court had the constitutional power to restrain parliament from moving a motion to expel Ward. However, out of respect for the court, the government sought an earlier hearing date. The president of the court of appeal, Justice Julie Ward, moved the hearing to Thursday, rejecting a request from Ward's barrister for a later date due to difficulties obtaining instructions and a family birthday.
Premier Chris Minns has called on Ward to resign, describing it as an “unconscionable situation” for a convicted sex offender in jail to remain an MP and draw a salary. The opposition leader, Mark Speakman, said the Coalition would support the expulsion motion, noting that taxpayers were funding Ward's salary while the people of Kiama were left voiceless.
The case has plunged parliament into uncharted territory. As an independent, Ward is not subject to party pressure to resign, so the government is relying on a rarely used inherent power to protect the integrity of parliament. The expulsion motion was initially scheduled for Tuesday, with a vote expected Wednesday, but the injunction has delayed proceedings.
