Kiama MP Gareth Ward will be sentenced for sexual assaults against two young men in 2013 and 2015 at the end of October. Photo: Facebook.
CONTENT WARNING: This article refers to sexual assault.
The fall from grace former Kiama MP Gareth Ward experienced after he was accused and later found guilty of a number of sexual offences is punishment enough without further jail time – at least that’s what his defence has argued.
Judge Kara Shead heard incomplete sentencing submissions from both defence barrister David Campbell and the Crown prosecutor Monika Knowles.
Ward’s defence team made parts of their submission after close of business yesterday.
As a result some elements related to those submissions will be heard at a later date.
Ward appeared from a cell via audio visual link, dressed in dark prison scrubs.
Mr Campbell told the court that Mr Ward’s current and future career paths were closed to him as a result of his convictions relating to two separate sexual assaults that took place in 2013 and 2015, and as a result he was unlikely to reoffend.
“Dealing with a man of the kind Mr Ward is, with the background he has, the mere fact of the downfall and the clanging of the prison door rather than the length of the term is the most significant personal deterrence,” Mr Campbell said.
“The courts don’t need to protect society by imposing a long sentence.
“[Ward] of all people, has experienced the most salutary of lessons and is unlikely to reoffend.
“Consistent with determination he has displayed in overcoming his disabilities is that being confronted with what he is now being confronted with he will try to rebuild his future as best he can without any transgression of the criminal law.”
Ward was born with albinism, and as a result is legally blind.
His defence has argued that Ward’s limited vision, in combination with his public profile, make imprisonment a greater punishment for him than it would be for a person without a disability.
Mr Campbell further argued Ward’s offences were on the lower end of the severity scale, and that his reintegration into the community would be best served by a period of supervised parole.
He said the good Ward had done for the community should be taken into account upon sentencing.
Mr Campbell also tendered a statement from a friend of Ward’s who claimed Ward would be unlikely to reoffend as he no longer needed to “suppress his sexuality” since his public outing as a gay man in 2017.
Ms Knowles, however, said on both occasions Ward’s offending was characterised by persistence and an imbalance of power.
She argued Ward had not received any punishment beyond the natural consequences of his own actions.
“Persistence is a continuing theme that affects prospect of rehabilitation,” she said.
“In terms of the loss of his political career and ability to practice law … he had his career at the time he was committing the offences; he would have been well aware that was a potential consequence of committing the offences.
“These are consequences triggered by his own actions.
“He certainly provided good works as an MP – that was also his job. He was paid to do that and paid well.
“The harm he caused to his victims was severe. He had a profound impact on each of the victims.”
A statement from one of Ward’s victims, who cannot be identified for legal reasons, was read to the court.
In it, the victim said he still had flashbacks and nightmares about the night Ward assaulted him.
He said he suffered from major depressive episodes that included periods of suicidal ideation that required urgent crisis support, and lost years of his life to drugs and alcohol.
“I believe the assault and the way I had to compartmentalise it caused severe psychological trauma,” he said.
“Over the course of the police investigation and court process I developed panic attacks and a heart arrhythmia.
“I feared Gareth would get to me before I had a chance to give evidence.
“Shortly before the trial I received a voicemail that contained the sound of two gunshots while I was out walking with my son.
“It filled me with fear for my safety and my family’s safety.
“This experience has dulled my ability to fully experience and enjoy the positive things in life.”
The matter will return to court to hear the final sentencing submissions on Wednesday 1 October.
Judge Kara Shead is expected to hand down Ward’s sentence on Wednesday 29 October.
If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732. Help and support are also available through the Canberra Rape Crisis Centre on 02 6247 2525, the Domestic Violence Crisis Service ACT 02 6280 0900, the Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call triple zero.
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