00:00From Gareth Ward's barrister today, an argument that seemed to puzzle even the judges.
00:07Do you really not think four sexual offence convictions is enough to get someone excluded from Parliament?
00:13That's what Peter King told the Court of Appeal, arguing that Parliament still hasn't specified the details of his client's unworthy conduct.
00:21All he's told are there are four convictions against him and he's not told the facts. What facts?
00:27Chief Justice Bell reminded him that Gareth Ward's just faced a nine-week trial.
00:32Are you seriously submitting that convictions are not conduct unworthy?
00:36I find it quite extraordinary if you think that's not clear.
00:40The State Government's barrister argued that Parliament has the right to manage its own affairs
00:45and expel MPs in order to maintain community confidence.
00:49But Peter King said a judge should decide punishment for his client, not the Parliament, which he labelled a kangaroo court.
00:56And he argued Gareth Ward still plans to appeal, so should get to keep his job in prison while he waits for the outcome.
01:04Plenty of voters in Kiama disagree, but he did have supporters in court.
01:09Gareth, he's worked really hard for the community and deserves to keep his job.
01:12You think he should stay?
01:13He should stay.
01:14But after considering the arguments, late today the Court decided not to stand in Parliament's way
01:19and to let MPs decide Gareth Ward's future.
01:22In doing so, it's avoided a major constitutional conundrum because the Government never believed the Court had power over Parliament anyway.
01:30Let's get it done tonight. There is no reason not to move to expel Gareth Ward tonight.
01:36The wheels are already in motion.
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