A WA MP charged with child sex offences is facing suspension from parliament after allegedly misrepresenting his role on a cannabis committee to have bail conditions altered so he could attend the Australian Medicinal Cannabis Symposium earlier this year.
James Hayward, who previously sat on the state's Select Committee into Cannabis and Hemp, has pleaded not guilty to four charges relating to the alleged abuse of an eight-year-old girl, with his trial scheduled for August.
In May, the 52-year-old MP went before Perth magistrates to seek an amendment to his bail conditions allowing him to travel to the Sunshine Coast event, claiming he would be compelled to quit the committee if he could not attend.
A Standing Committee on Procedure and Privileges inquiry found that claim to be false and this week recommended Hayward be held in contempt of the Legislative Council, suspended from parliament through the end of the year, and barred from sitting on any committees for the remainder of his term.
Before the bail hearing, Hayward had sought — without success — a letter from the committee, chaired by Legalise Cannabis WA MP Dr Brian Walker, backing his attendance at the Symposium. A committee member stated that his physical presence at the event was not a requirement.
Hayward nonetheless signed an affidavit stating: "If I am not permitted to attend the trip I will be unable to fulfil my responsibilities as a member of the committee and will have to resign."
Prosecutors did not contest the application at the time, and the magistrate granted it.
During the inquiry, the MP maintained he had no intention of misleading the court and characterised the content of the affidavit as brief and to the point.
"Several members expressed the view as to what was expected of me as a member of the committee," he said.
"Some went on to say that if I could not travel, then I wasn't pulling my weight and could not adequately fulfil my role."
The inquiry rejected that account, concluding Hayward's conduct was "wilfully sloppy and, at worst, deliberately misleading" to the court.
"In the [committee's] view this warrants a penalty that will reinforce to all members of the Legislative Council the importance of maintaining high standards of behaviour, particularly where this behaviour intersects with public and private activities," its report stated.
Hayward has disputed the findings and recommendations, which will now go to a vote in the Legislative Council.
He stepped down from the Nationals party when the charges first emerged but declined to vacate his seat as an MP. He left the Select Committee on Cannabis and Hemp in July.
UPDATE (October 21, 2022): Government and opposition MPs voted the previous evening to back the committee's recommendation, suspending Hayward from the Legislative Council for the remainder of the year.
