An army instructor who ripped a hole in the jeans of a female recruit at a social event in a military barracks and drank alcohol out of a bra has avoided being demoted to the rank of private “by the narrowest of margins” at a court martial.
A military judge issued Corporal Keith Lynch of the 27th Infantry Battalion at Aiken Barracks in Dundalk, Co Louth with a fine of 21 days’ pay and severely reprimanded him after he pleaded guilty to charges of assault and conduct prejudicial to good order and discipline.
The judge, Colonel Michael Campion, said the accused’s conduct represented “the type of culture that is not, and never was, acceptable in the Defence Forces”.
The offences occurred in the vicinity of the NCO mess at Aiken Barracks on March 25th, 2021 during a social event following a passing-out parade of a group of recruits from a training course where Corp Lynch had been the instructor.
The charge of assault contrary to Section 2 of the Non-Fatal Offences Against the Person Act 1997 related to Corp Lynch placing his hand in a designer hole in the right knee of the jeans of a young female soldier and ripping it a few inches up her thigh.
The second charge relating to him drinking alcohol from a bra took place on the same date in the same location after the garment had been presented to one of Corp Lynch’s friends in a mock “Oscars” ceremony.
At a sitting of a court martial at the Military Justice Centre in McKee Barracks in Dublin, Col Campion said aggravating factors in the case were the defendant’s rank and experience as well as the age and rank difference between him and his victim.
He claimed the assault had taken place at a time when there had been a pattern of intergender violence involving other NCOs in Corp Lynch’s unit.
The judge noted those soldiers had already been dealt with by a court martial and were no longer members of the Defence Forces.
He said Corp Lynch’s conduct had an impact on a recruit in a formative stage of her military career as well as being corrosive of authority and respect for NCOs.
Col Campion said the accused’s actions had also represented a breach of the trust placed in him by both his superiors and his victim as her instructor.
He said Corp Lynch had demonstrated an inappropriate level of familiarity and had shown “a serious lack of self-discipline and control” against a background of alcohol consumption.
The judge also criticised the defendant for attempting to minimise his actions when giving evidence by suggesting he had pulled at a thread on his victim’s clothing rather than ripping her jeans.
However, he also acknowledged a number of mitigating factors including the accused’s guilty plea and his previous good character.
The court heard that there was no evidence that Corp Lynch suffers from any addiction or mental health issues, while he had no record of any previous inappropriate behaviour during around 20 years serving with the Defence Forces.
Col Campion accepted that Corp Lynch had shown insight and remorse and noted he had already suffered some financial consequences by being withdrawn from an overseas trip due to his prosecution.
However, he said the conduct of the accused had no place in the Defence Forces even if it was perceived as occurring in an “informal social setting.”
The judge remarked that while the nature of what happened might not be regarded as an assault “colloquially” as there was no evidence of any violence or aggression by the accused, he stressed that no form of contact with another individual was acceptable.
Although Corp Lynch’s behaviour might have been out of character, he said it represented a clear breach of the dignity charter of the Defence Forces.
Col Campion reminded the defendant that it was never appropriate to touch a person, particularly a member of another gender and of a lower rank, without their consent even in a relaxed, informal setting.
The judge he believed that Corp Lynch may have missed out on training for addressing such conduct and he sought and received an undertaking from the accused as part of his sentencing that he would complete a course in “sexual ethics and responsible relationships” within three months.
He set a headline sentence of demotion of the defendant to the rank of private for the assault conviction but decided “by the narrowest of margins” to reduce it to a fine of 14 days’ pay and a severe reprimand.
Corp Lynch was also fined seven days’ pay and given another severe reprimand for the disciplinary offence related to drinking alcohol from a bra.
The judge concluded by emphasising to the defendant that he would “not be given a second chance” if he appeared before a court martial on disciplinary issues again.
