Former Nationals MP James Hayward — who was serving almost three years in jail for child sex abuse until his conviction was quashed — has lifted the lid on his 410-day prison stint as he awaits a date for his retrial.
The former upper house MP stood trial in August 2023, where he was convicted of two counts of indecently dealing with an eight-year-old child on two occasions between 2019 and 2021 and sentenced to two years and nine months jail.
Former Nationals MP James Hayward speaks to media outside Perth District Court on Friday.Credit: Jesinta Burton
But the 56-year-old was released on bail last month after having his convictions set aside and his request for a retrial granted by the Court of Appeal.
The Court of Appeal is yet to release its reasons for the decision, but Hayward is understood to have claimed he did not receive a fair trial.
During a District Court hearing on Friday, state prosecutors requested a four-week adjournment before dates were set for a retrial to assess the availability of witnesses.
The matter is expected to return to court on March 7.
Outside court, Hayward told the media the 410 days he spent behind bars were “tremendously difficult” and vowed to lay bare the truth about the state of WA’s justice system if he was successful in his bid to return to the halls of parliament.
“It’s difficult to explain in a TV sound bite, but it was very depressing. Prison is a pretty awful place to be, and there are a lot of guys in there doing it really, really tough,” he said.
“There are three guys in a cell at Hakea [Prison] at the moment which is designed for a single person – I mean, that’s the outrageous state of our justice system in terms of how we’re looking after our prisoners.
“It leaves a lot to be desired, and that’s certainly something I’ve lived and seen.”
Since his release, the former upper house member has been vying to return to parliament because the convictions which rendered him ineligible for higher office have since been overturned.
Hayward has penned a letter to parliament seeking clarity on whether he could return and deliver an hour-long valedictory speech protected by parliamentary privilege, something he wanted to utilise to “say some important things” some people “may not want to hear”.
Hayward resigned from the WA Nationals after being suspected when the charges were laid in December 2021, but continued serving as an independent MP until he was convicted.
The ex-MP for the South West region made headlines in the weeks that followed by making fleeting visits to parliament in order to secure his $168,000 salary and entitlements.
The day after Hayward’s conviction, the government passed a motion which stripped him of his rights as a former member of parliament – including his right to access Parliament House.
“There was no need for that – it was simply vindictiveness,” Hayward said on Friday.
“They should have waited until the [end of the] appeals process.”
Hayward said he had always maintained his innocence and believed the retrial would exonerate him.
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