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The Guardian - AU
The Guardian - AU
National
Anne Davies NSW state correspondent

Gareth Ward in custody over sex offences as judge agrees NSW MP should be assessed for protection in prison

Gareth Ward surrounded by media outside the Darlinghurst court in Sydney.
Kiama MP Gareth Ward, 44, was found guilty in July of one count of sexual intercourse without consent and three indecent assault charges. Photograph: Dan Himbrechts/AAP

Disgraced New South Wales MP Gareth Ward has been remanded in custody to await sentencing after he was convicted last week for serious sex offences against two young men.

He will be sentenced on 19 September.

Justice Kara Shead said she was “unpersuaded” that the offender, because of his profile or disabilities, could not be managed in a custodial setting.

The 44-year-old MP for Kiama was emotionless as he received the news in the dock.

Ward had been permitted to remain free after last week’s verdict under strict bail conditions requiring him to remain at his either his residence on the South Coast or his flat in Sydney.

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Prosecutor Monika Knowles applied to the NSW district court on Wednesday to have Ward jailed. She noted that due to the seriousness of Ward’s crimes that there was virtually no chance he would avoid a custodial sentence.

On Friday, a jury found Ward guilty of three counts of indecent assault and one count of sexual intercourse without consent.

The lesser convictions carry a maximum penalty of five years and the more serious rape conviction a maximum penalty of 14 years.

Shead said she did not regard either Ward’s profile as an MP, or his physical disabilities – he is almost legally blind due to eyesight issues associated with albinism – as giving rise to special or exceptional circumstances that would warrant him remaining free after a conviction.

However, she agreed he should be assessed for protection and be provided with a laptop with as large a screen as possible and with a pdf reader to assist him in preparing for sentencing.

Ward’s barrister, Edward Anderson, had argued that placing his client in a general remand prison prior to sentencing would put him at risk of harm or degrading treatment given his unique circumstances.

“Mr Ward, given the combination of his occupation and profile (as a member of parliament), the nature of his offending, the combination of his not-insignificant disabilities which have been largely overcome outside custody so he can lead a normal life – he would be a particularly vulnerable person in custody,” he said.

“This unique combination would make him a particular target in custody … for physical violence or otherwise,” he said.

Knowles responded that there were processes in place to manage a person in Ward’s position.

“Mr Ward is not the first high-profile person to find himself in a this situation,” she said.

Expulsion from parliament

The Minns government is expected to move a motion next Tuesday to expel Ward from the NSW Parliament. It is expected to be supported by the opposition.

Ward has not yet indicated whether he will appeal but has continued to say he is innocent.

Expulsion motions have rarely been used and can be appealed. The matter will become more complicated if Ward appeals.

A successful motion would trigger a byelection in Ward’s South Coast seat.

In 2013, Ward invited a drunk 18-year-old man to his South Coast home. The man told the jury that Ward plied him with drinks before indecently assaulting him three times in one night, despite his attempts to resist.

Two years later, the MP sexually assaulted an intoxicated political staffer after a midweek event at NSW Parliament House.

Ward had enjoyed a strong personal following in the seat and was re-elected in 2023 as an independent despite having been charged with the serious sex offences in the months before the election.

He had previously held the seat as a member of the Liberal party.

• Information and support for anyone affected by rape or sexual abuse issues is available from the following organisations. In Australia, support is available at 1800Respect (1800 737 732). In the UK, Rape Crisis offers support on 0808 500 2222. In the US, Rainn offers support on 800-656-4673. Other international helplines can be found at ibiblio.org

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