Kiama MP Gareth Ward is on trial for alleged assaults against two young men in 2013 and 2015. Photo: Facebook.
The similarities between the claims of two men who say they were sexually assaulted by Kiama MP Gareth Ward are no coincidence, a Sydney court has heard.
Mr Ward’s stands accused of three counts of indecent assault, a fourth alternate count of common assault and a fifth count of sexual intercourse without consent in relation to two separate incidents alleged to have taken place in 2013 and 2015.
The trial, which began in May, has entered its final stages, with the prosecution making closing arguments to the jury.
Crown prosecutor Monika Knowles told the court the similarities between the accounts of the two alleged victims were no coincidence.
“Two young men, strangers to each other, living separate lives hours apart, yet both have stepped forward to make allegations that bear remarkable similarities in relation to what they say the accused did and the circumstances in which he did it,” Ms Knowles said.
“Both were young men, aged 24 and 18 at the time.
“Each complainant met the accused in the context of him being an MP rather than through friends or a non-political context.
“Both complainants describe the nature of the relationship was very unequal in terms of the power dynamic. One was a staffer and junior member of the Liberal Party.
“The accused was a very senior member.
“The other complainant was barely out of high school and the accused was like a local celebrity, in addition to being a client of the complainant’s business.
“Both say they were invited to the accused’s home. The invitation was made shortly before they made their way to the accused’s home and both were intoxicated and emotionally down before the invitation.
“Both say when they arrived at the accused’s home in an intoxicated state the accused poured them further alcohol.
“Both say they were lying down when the accused first assaulted them.
“Both say the first physical act was instigated by the accused, and there was no prior discussion of sexual activity between them.
“Both say touching continued after they indicated a lack of consent.
“Both thought they were sleeping in a spare bed and had no prior plans of being in bed with the accused.
“A lot of similar details the complainants independently came forward with.
“Similar behaviour, similar setting, same man, same conclusion – this is not a coincidence.
“The only reason for all these similarities is the complainants are telling the truth.”
Ms Knowles argued the similarities between the two alleged incidents showed Mr Ward had a tendency to have a sexual interest in young men who were subordinate to his position, and that he had a tendency to act on those interests in his home.
She acknowledged the main issue for the jury to decide upon was whether the incidents had happened.
Ms Knowles acknowledged there were some inconsistencies in the accounts given by both complainants, and that they both waited some years before reporting the alleged assaults.
“People aren’t computers, they don’t have perfect recall,” she said.
“Trauma may affect people differently, and there is no typical or normal response to non-consensual sexual activity.”
Ms Knowles said the staffer, in particular, felt conflicted about reporting the incident, due to his loyalty to the Liberal Party and concern for his future employment.
She told the court there was external evidence that supported the staffer’s account of the evening when the incident allegedly occurred.
“The accused’s Parliament House swipe card used at 9:07 am and the complainant’s Opal card used at 9:08 am show them entering Parliament House by the Martin Place entrance and Martin Place train station a minute apart,” she said.
“The complainant lived ‘out woop woop’ … you would assume they had spent the night in the same place.
“How extraordinary the accused, on this of all possible days, departs from his usual practice of entering Parliament House via Hospital Road.
“The complainant accurately recalls the accused’s apartment building, the location of the sparsely decorated bedroom, the roof of the building opposite.
“He is not the world’s best guesser, he is telling the truth.”
Mr Ward’s defence is expected to conclude its closing arguments on Monday, 21 July.
