Former WA MP wins child sex conviction appeal, bids to re-enter parliament

A former West Australian Nationals MP, ruled ineligible to remain in parliament after being convicted and jailed for nearly three years over child sex abuse charges, has won an appeal and wants to return to parliament.

In August 2023, Legislative Council MP James Hayward was convicted of abusing an eight-year-old girl in 2021. But this week the Court of Appeal upheld his appeal, and granted him bail to face a retrial at a later date.

Independent MP James Hayward leaves the Perth Magistrates Court. Credit: Peter de Kruijff

MPs are deemed ineligible to sit in parliament if convicted of a charge carrying a maximum prison sentence of five or more years. Hayward was considered ineligible to remain an MP after his convictions.

In a statement released to media on Friday, Hayward said he had written to the WA parliament to request he return and deliver a valedictory speech under parliamentary privilege.

“I was removed from parliament based on an automatic exclusion due to my convictions,” he said.

“Now those convictions have been overturned, it’s only fair that I be reinstated and given the opportunity to make my valedictory speech under the protections of parliamentary privilege.

“I have written to the parliament seeking clarification on these issues.”

The reasons for the appeal decisions have not been released, but Hayward said he had maintained his innocence.

“I am thankful and relieved that the Supreme Court have upheld my appeal and set aside my convictions,” he said.

“Whilst the reasons for the decision are still some months away, I argued that I did not receive a fair trial and the Court of Appeal’s decision to both grant me bail and now uphold my appeal, indicates they agree and there was a miscarriage of justice.”

ABC Perth reported Hayward was granted bail with a $30,000 personal undertaking and $30,000 surety.

Legislative Council Acting Clerk Paul Grant said he had yet to receive correspondence from Hayward since the appeal decision, but said under the Constitution Acts Amendment Act 1899 he was disqualified from the upper house on August 28, 2023 and his seat became vacant.