Suspension sought for sex-assault charge MP Gareth Ward

The NSW Premier’s office sought to suspend Kiama MP Gareth Ward from parliament instead of seeking his expulsion.

NSW MP Gareth Ward. Picture: AAP

The NSW Premier’s office sought to suspend Kiama MP Gareth Ward from parliament instead of seeking his expulsion after it had received legal advice saying that a challenge could prejudice his trial and would impact “the timely conduct of any by-election” to fill his seat.

NSW parliament will vote on Thursday to suspend Kiama MP Gareth Ward after he was charged with sexual assault ­offences involving a 17-year-old boy and 27-year-old man in ­incidents dating to 2013 and 2015.

Legal advice sought by the Acting NSW Premier was tabled in parliament on Wednesday stating that an expulsion of Mr Ward would lead to a “significant risk of a temporary or permanent stay of criminal proceedings” if it were determined he had been ­deprived of a fair trial.

Mr Ward this week issued an emphatic denial of any wrong­doing and has vowed to defend the charges in court.

The advice to the Department of Premier and Cabinet said it was safer to seek Mr Ward’s sus­pension because expulsion would require the Legislative Assembly to “take action that assumes or ­infers the guilt of the member of the offence charged”.

This is because the standing order required to expel Mr Ward could be exercised only if he were “adjudged by the house guilty of conduct unworthy of a member of parliament”.

Further advice said there was a “high risk” of Mr Ward challenging any expulsion on the basis that parliament had used its power “punitively rather than protectively”.