Gareth Ward's Lawyer Labels NSW Parliament a 'Kangaroo Court' Amid Push to Halt Expulsion

A lawyer representing Gareth Ward has slammed the New South Wales lower house as a “kangaroo court” during legal arguments aimed at preventing the embattled MP's expulsion from parliament.

Ward, the independent member for Kiama, is currently in custody after his bail was revoked last week. He is seeking an order from the Court of Appeal to block the Legislative Assembly from removing him following his conviction for sex offences.

Appearing before the court on Thursday, Ward’s barrister Peter King argued that expelling his client would constitute a form of punishment and breach procedural fairness.

"His existing right to speak in the debate and oppose the resolution is lost," Mr King told the court.
"So in short, he is to be expelled by a kangaroo court."

Convictions Alone Not Enough to Justify Expulsion, Lawyer Argues

Last month, a jury found Ward guilty of one count of sexual intercourse without consent and three counts of indecent assault involving two young men.

Mr King contended that the convictions alone did not provide a sufficient legal basis for expulsion.

"The test for expulsion is conduct that is unworthy," he said.
"The letter notifying Mr Ward of the proposed motion does not cite any unworthy conduct-it doesn't even use the term."

Chief Justice Andrew Bell questioned the strength of that argument, asking:
"Are you seriously submitting that convictions of these counts ... are not conduct unworthy?"

Mr King responded that while the convictions establish legal guilt, they do not detail the underlying facts that would ordinarily inform such a judgment.

"The four counts show the fact of conviction, but they're not evidence of the facts that underpin those convictions," he said.

He referenced employment law examples in which workers convicted of crimes had their dismissals paused pending the outcome of an appeal.
"In those cases, tribunals stay civil matters so that, if there's an acquittal, the employee can be reinstated," he said.

‘We Must Uphold Procedural Fairness’

Mr King also emphasised the importance of due process, warning against political processes that override individual rights.

"We want to attract good people to parliament," he said.
"People need to know this isn't just a kangaroo court, where party numbers override the rights of independents or those outside the majority."

The court's decision will determine whether Ward can retain his parliamentary seat while his legal proceedings continue.