Kiama MP Gareth Ward has been taken into custody. Photo: Facebook.
Kiama MP Gareth Ward has been taken into custody after his bail was revoked by Judge Kara Shead.
Ward’s bail hearing took place at Darlinghurst District Court today (30 July) as he awaits sentencing for sex offences.
Ward’s defence lawyer Edward Anderson argued that due to the MP’s high profile, visual impairment, and the nature of his offending that he would not be safe in custody.
The defence also said it was concerned about whether Ward would get timely access to the technology he needs to read and write ahead of his sentencing.
“This is an exceptional case,” Mr Anderson said.
“If anyone were to be at statistically greater risk of personal violence or degrading treatment it must be this person.
“We take no issues with the policies that exist but if ever a case could fall through the cracks it is this one.”
The Crown, however, said there was no reason to think existing policies would be inadequate to protect Ward.
“Mr Ward is not the first person to find himself in a high-profile position facing custody,” they said.
“It would seem consistent with this not being the first time in history this has happened. There are procedures in place for the management of people in Mr Ward’s position.
“Correctives have supports in place for people in total blindness, paraplegics, quadriplegics.
“There are specialist centres that can accommodate inmates with special needs, and for inmates with a specific need for a high level of protection.”
Mr Anderson said he and Ward accepted he would most likely receive a full-time custodial sentence for his crimes.
A jury found Ward guilty of three counts of indecent assault and one count of sexual intercourse without consent in relation to two separate incidents.
These were the sexual assault of an 18-year-old man at his Meroo Meadow home in 2013 and the digital rape of a 24-year-old man at his Potts Point home in 2015 following a function at Parliament House.
Judge Shead said she was not convinced any extraordinary circumstances applied to Ward that would mean he could not be taken into custody.
“I am unpersuaded that because of his public profile and disability he cannot be adequately managed in custody,” she said.
“Corrections has policy in place to manage persons of the profile and disability of Mr Ward.
“The policies in place include provision of devices he needs to read and the court is anxious to ensure if there is a delay any extra time needed to prepare his sentence will be taken.
“There are policies in place for protection should that be sought on the basis of his profile or offences.
“Bail is refused.”
Judge Shead ordered that Ward have access to an iPad or laptop with as large a screen as possible and PDF reader installed, that particular attention be given to the conditions of Mr Ward’s custody upon his reception in terms of protection and medical evidence regarding his disability be provided to correctives.
The case was adjourned and will return to court for sentencing on 19 September.
Original Article published by Zoe Cartwright on Region Illawarra.
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