Convicted rapist and Kiama MP Gareth Ward refused bail ahead of sentence

Convicted rapist and state MP Gareth Ward has been taken into custody after he was found guilty last week of sexually assaulting two young men.

The 44-year-old was convicted on Friday of indecently assaulting an 18-year-old man at his Shoalhaven home on the South Coast in 2013 three times, as well as sexual intercourse without consent against a 24-year-old political staffer at his Potts Point apartment in 2015.

Ward remained on bail following the verdict, but on Wednesday afternoon the prosecution made a successful detention application at Sydney’s Darlinghurst District Court. Judge Kara Shead ruled the MP should have his bail revoked and be taken into custody until he is sentenced in September.

Ward sat emotionless as he heard the decision. His barrister, Ed Anderson, handed him a letter from his optometrist, and then two sheriffs escorted him from the dock into custody.

Anderson said “the jury’s verdict is accepted by [Ward] and he accepts that in several weeks’ time he would be serving that sentence in prison”, but submitted his client faced “exceptional circumstances” which made him “vulnerable” and explained his need to remain in the community until then.

He based this argument on a “very unusual combination of circumstances”, saying Ward’s public profile as a serving member of parliament would make him a target for “physical violence or otherwise”, and because of his “not insignificant disabilities”, referring to Ward’s visual impairment.

The court heard Ward needed “particular technology and assistance” to read the appropriate material and communicate with his lawyers, which would not be adequately provided in custody.

“We are principally concerned for his safety and his capacity to engage in this process,” Anderson said.

In response, Crown prosecutor Monika Knowles submitted that a doctor’s report showed Ward could still “function at a very high level” when wearing glasses. She accepted this doctor had advised custody would be “challenging” due to the reading and writing software required, but said it was not clear if the doctor had any contact with “any of the facilities, support or policies in place with correctives”.

Knowles added that corrective services has support for “people who are totally blind” as well as inmates facing safety concerns.

“The Crown’s position is that these are not special or exceptional circumstances that would justify the granting of continuation of bail,” Knowles said.

Ultimately, Shead agreed – revoking Ward’s bail.

She acknowledged his prior lack of criminal history and compliance with bail so far, but found he did not face exceptional circumstances that should allow him to remain on bail.

The judge said the evidence tendered showed policy procedures and support for inmates with disabilities including Ward’s were sufficient, as were safety measures in place for high-profile offenders.

“I am unpersuaded that the circumstances constitute exceptional circumstances … the detention application is granted,” she said.

Shead ordered Corrective Services NSW to provide Ward an iPad or laptop with “reasonable speed” and “as large a screen as possible and a PDF reader installed”.

The court ruled attention should be given to the conditions of Ward’s custody, including protection.

An expert’s letter regarding his visual disability should accompany him into custody, and Justice Health should provide a report regarding facilities available to assist with his vision, the court ruled.

Ward will be sentenced on September 19.

Calls for Ward to resign

The convictions have rocked NSW parliament, where Ward serves as an independent after being expelled from the Liberal Party following the allegations.

Premier Chris Minns demanded Ward resign or be expelled from parliament when it returns next week, saying his government had received legal advice that the lower house had the power to do so – even with a pending appeal.

Liberal leader Mark Speakman said the opposition would support the government motion if that legal advice was confirmed.

With this bipartisan support, Ward could be expelled as soon as next Tuesday, triggering a byelection in the marginal South Coast seat.

The sexual assault accusations first came to light when Ward was minister for families, communities and disability services during Gladys Berejiklian’s second term as premier.

He resigned from the Liberal Party in May 2021, and was suspended from parliament after moving to the crossbench, but returned following his re-election as an independent in his South Coast seat in 2023.

Ward pleaded not guilty to all counts. The MP has been on bail since his arrest three years ago.

South Coast incident

The jury heard Ward was MP for Kiama in February 2013 when he invited the 18-year-old victim – who was 17 when they met months earlier at a networking event – back to his Meroo Meadow home on the state’s South Coast.

The young man claimed the pair were drinking when he played a prank on the MP, pretending to be passed out on the grass. But when Ward returned from inside the house he slid his hands into the man’s shorts and touched his buttocks and genitals.

After freezing in shock, the man pretended he had been asleep and unaware of what had happened. He then said he wanted to go to bed and was taken to Ward’s bedroom, being told it was “unsafe” to sleep alone.

There, the Crown alleged, Ward assaulted him again while giving him a lower back massage as the man lay on his stomach. The jury heard Ward told the man to “relax” and continued despite several requests to stop.

Potts Point sexual assault

Ward had already met the second complainant a few times in passing when he invited the 24-year-old back to his Potts Point apartment after a public event at Parliament House in September 2015, the court heard.

The staffer claimed he accepted the offer as he’d been drinking and would have difficulty getting home.

At the apartment in Sydney’s eastern suburbs, the man rebuffed Ward’s first attempt to kiss him but briefly allowed a second, before saying he wanted to sleep.

The jury heard Ward showed him to what he thought was a spare room and joined him in bed, where he digitally penetrated him while masturbating, despite being told to stop multiple times.

The allegations against Ward were first reported to police in 2020.

With Alexandra Smith and Max Maddison

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