Suspending Gareth Ward could undermine presumption of innocence, parliamentary committee warns

A committee has warned against suspending MPs on the basis of criminal charges alone. So the NSW premier will continue to ignore Gareth Ward in parliament. Read the details here.

The NSW premier will continue to ignore Kiama MP Gareth Ward when parliament sits, despite a parliamentary committee warning attempts to suspend the embattled MP from parliament while he fights sexual assault charges could undermine the presumption of innocence and deny his constituents representation.

Parliament’s powerful privileges committee has also recommended that rules for suspending an MP who is facing criminal trial be tightened.

Mr Minns said on Thursday he would continue to take Mr Ward’s questions on notice and formally respond to them in writing later.

“He still faces very serious charges,” the premier said.

“We’re not going to for his suspension or expulsion from the parliament but we have to make decisions about the way parliamentary processes work considering he does face these charges.”

NSW MP Gareth Ward at Downing Court. Picture NCA Newswire / Gaye Gerard

Mr Minns said his government would not rely on Mr Ward’s vote to pass their legislation, meaning if the Kiama MP was to vote with Labor, they would send one of their MPs out of the room to abstain from voting. This will ensure Mr Ward’s vote doesn’t count. With Labor holding minority government the choice to do this could have serious effects.

“He can vote however he wants … but I do need to say to the people of NSW that we’re not going to rely on his vote to pass legislation while he’s facing these charges,” the premier said.

Ward was suspended from the Liberal Party and from parliament last year after he was charged over alleged sexual assault offences to which he has pleaded not guilty.

He was re-elected in March as an independent MP.

Parliament’s privileges committee last month was tasked with investigating what action, if any, should be taken against a member in Ward’s circumstances.

While not naming Ward directly, the committee found that suspending an MP in his circumstances would have “significant potential to undermine” the presumption of innocence.

Taking further action against an MP in Ward’s circumstances could be a “denial of effective representation for the Member’s constituents,” it found.

NSW Premier Chris Minns during question time at NSW parliament. Picture: NCA Newswire / Gaye Gerard

In its report, the committee noted that an MP suspended over criminal charges could challenge the suspension in court, something which could delay the trial process.

It found there appears to be no other cases in Australian history of an MP being suspended from parliament pending criminal trial and subsequently being re-elected.

Ward has pleaded not guilty to five charges: sexual intercourse without consent, three counts of assault with act of indecency, and one count of common assault.

Police alleged Ward indecently assaulted a 17-year-old boy at Meroo Meadow in February, 2013, and sexually abused a 27-year-old man in Sydney in September, 2015.

Premier Chris Minns has so-far refused to give verbal answers to questions from Ward since the election.

Responding to the report, a NSW Government spokesman said it “notes the committee’s view that suspension of a member can potentially have consequences for the victims of any alleged crimes, including delaying criminal proceedings.

“The Government would not do anything which would jeopardise these proceedings running their course.”

“The Premier has previously made clear that he makes no judgment about the guilt or innocence of the member.”
Mr Ward welcomed the report.