A SENIOR ARMY officer has been found guilty by a military court of sexually assaulting a female soldier after a social function at a military barracks two years ago but cleared of three other counts of the same offence.
A jury at a General Court Martial in McKee Barracks convicted the accused of a charge of moving his open palms up and down on the back of the non-commissioned officer while saying “come on, come on” shortly before midnight on 25 June 2020 in an officer’s mess within a military base.
The court heard the army officer had been brought to the mess after being found asleep in a drunken state outside a gymnasium, while dressed in uniform, following a barbeque on the base which occurred at the height of the Covid-19 pandemic.
The location of the military barracks cannot be identified as a result of an order by the military judge, Colonel Michael Campion.
The officer was also found guilty of a separate charge of assaulting the same NCO by moving towards her in a manner which led her to apprehend that she was going to be assaulted.
However, he was cleared of another charge of sexual assault against the same victim where he had been accused of placing both his arms around her torso in an inappropriate manner.
The officer, whose name cannot be published on the direction of the judge, was also found not guilty of two counts of sexually assaulting and one count of assaulting another female NCO a short time earlier outside a building in the barracks.
They related to charges that he had placed one hand around the NCO’s back and used his other hand to pull her head towards him leading her to believe he was attempting to kiss her and separately pulling her head towards his genital area.
The officer originally faced a total of 17 charges before the court martial.
At the outset of the six-week trial at the Military Justice Centre at McKee Barracks in Dublin, he pleaded guilty to five charges including two counts of assault in relation to events on the night of 25 June 2020.
The officer admitted grabbing the left wrist forcibly of one female NCO and assaulting the other female soldier by placing his arms around her torso.
He also pleaded guilty to two counts of drunkenness contrary to Section 142 of the Defence Act 1954 for being asleep in a chair and being unable to speak coherently and one count of conduct prejudicial to good order and discipline contrary to Section 168 of the Defence Act 1954 by admitting he had said “I’m a prick” to the two NCOs.
During the trial, three other Section 168 charges were withdrawn by the Director of Military Prosecutions, in relation to claims that the accused had used unbecoming words when replying “Me dick” and “Me cock” when addressed by Defence Forces personnel as well as asking two male soldiers “do you know who I am?”
Separately, the judge directed the jury – known as a military board – to acquit the accused of three other charges including one of sexual assault where he allegedly had moved towards one of the female soldiers in a manner which caused her to apprehend that she was going to be sexually assaulted.
The accused was also acquitted of a charge of assaulting the other female soldier by allegedly placing his hand on her shoulder and a Section 168 charge of allegedly telling two male soldiers to “fuck off.”
Most of the evidence in the case has not been reported as a result of extensive reporting restrictions in relation to military personnel, operations and locations imposed by Colonel Campion.
The military board consisted of five men and two women who are all senior ranking officers composed of army, naval and air corps personnel.
Under court martial rules, convictions required at least a 5-2 verdict of the military board.
The accused was ordered to appear before the same court martial for a pre-sentence hearing on 8 December.
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