A NSW MP facing sexual assault charges won’t be suspended from parliament while the case against him proceeds, after a committee recommended against it.
The powerful parliamentary privileges committee has released a report on the issue, without naming the MP who sparked the inquiry.
Gareth Ward, the ex-Liberal turned independent member for Kiama, was re-elected at the March election, despite being suspended from parliament after being charged.
Last month he pleaded not guilty to sexual intercourse without consent, three counts of indecent assault and one of common assault.
It is alleged Ward indecently assaulted a 17-year-old at his home on the NSW South Coast and had non-consensual sexual intercourse with a man in his 20s at his Potts Point apartment in inner Sydney.
The 42-year-old remains on bail, with a trial in a Sydney court not due to start until April 8, 2024.
Last month the parliamentary committee was asked to inquire into matters relating to the position of an MP who was suspended until a verdict on criminal charges laid against them was resolved or if they were re-elected in the meantime.
The privileges committee said the lower house must recognise and respect the principle of the presumption of innocence, adding it was preferable to avoid suspension and allow the legal proceedings to run their course.
“Suspension of a member for an indefinite or lengthy period where the proceedings or actions of the house are not being obstructed by that member, while criminal proceedings are ongoing, has significant potential to undermine that important principle,” it said in its report released on Wednesday.
Premier Chris Minns refused to answer Mr Ward’s questions in parliament until the committee’s report was released, and said he would continue to take his questions on notice and report back to parliament.
Although Labor is in minority government, Mr Minns said he would not accept Mr Ward’s vote in the Legislative Assembly due to the “conflict of interest inherent in his presence”.
“We will continue that practice until the criminal part of his court session and those inquiries are completed,” he told reporters on Thursday.
“He still faces very serious charges.
“While I make absolutely no judgment about those charges and the eventual case that needs to take place, I’m also not going to pretend that they don’t exist.”
Mr Ward welcomed the committee’s report, but said he was “completely appalled” by the actions of Mr Minns, who he says “has treated my constituents with utter contempt”.
“My constituents voted for me for many reasons, but their vote was also an endorsement of the presumption of innocence, which has been totally trashed by some commentators,” he told AAP.
“This report highlights that the decision of my local community, who know me best, should be respected.”
The privileges committee recommended serious consideration be given to “any negative risks to parliament, constituents, victims of any alleged crimes, and the presumption of innocence of a member” if they were suspended.
It also asked that any cases involving the possible suspension of an MP be referred to the committee in the future.
– AAP
