An army officer who was convicted of sexually assaulting a female soldier at a military barracks in Dublin three years ago is to appeal the ruling of a military court that he be dismissed from the Defence Forces.
The officer, who cannot be identified for legal reasons, is seeking to overturn both his conviction by a military court of the sexual assault as well as the sentence imposed by a military judge which will end his career of over 15 years as a solider.
The Courts Service has confirmed that the officer has lodged an appeal against his conviction of the sexual assault and his dismissal from the Defence Forces which was the sentence handed down by Military Judge, Colonel Michael Campion, in April.
It followed the conclusion of a six-week trial before a general court martial last year in which a military board (jury) of seven senior-ranking Defence Forces personnel found the officer guilty of sexually assaulting a female non-commissioned officer following a social function at McKee Barracks in Dublin on June 25th 2020.
Evidence was heard that the officer had moved his open palms up and down the victim’s back while saying “come on, come on” while they were in the officer’s mess.
The officer was also found guilty of assaulting the same NCO on the same date by moving towards her in a manner which led her to apprehend that she was going to be assaulted.
The court heard the officer had been brought to the mess by two female NCOs after being found asleep in a drunken state outside a gymnasium, while dressed in uniform, following an outdoor barbeque on the base, which occurred at the height of the Covid-19 pandemic.
All the offences occurred during a 30-minute period before midnight following the barbecue organised by the military’s Joint Task Force which provided assistance to the health authorities in combating the spread of Covid-19.
An independent report into the event ordered by the Department of Defence, which was published in March, found it did not conform with Covid legislation that was in place at the time in relation to social gatherings.
The report found the decision to hold such an event lacked judgement and was the result of “significant leadership failings.”
The officer – a married man with children – also pleaded guilty at the outset of the case to five separate charges including an assault on each of the two female NCOs and two counts of drunkenness contrary to the Defence Act 1954.
However, he was cleared by the military board of three other charges of sexual assault involving his two female colleagues and a separate charge of assaulting one of them.
During the trial, the Director of Military Prosecutions withdrew four other alleged breaches of the Defence Act 1954, while the judge also directed the acquittal of the officer on three other charges including one of sexual assault.
Sentencing the officer to dismissal from the Defence Forces, Col Campion said the serious nature of the offending was “incompatible with continued service” and represented “an egregious breach of the ethos of [military] service.”
The judge also remarked that the defendant’s sentence was “a high price to pay for a one-off lapse” but that his conduct was “entirely unacceptable.”
The officer was also sentenced to six months in custody as well as a series of fines ranging from 10-14 days’ pay.
However, the judge suspended the period of incarceration and reduced the fines to nil because of the severe financial impact which the officer will suffer because of his dismissal from the Defence Forces.
The appeal by the officer is expected to be heard before the end of the year by the Court of Appeal, which is the appellate court for general court martials.
In the appeal, lawyers for the defendant are expected to highlight another case of how an army instructor which was convicted in October 2021 of a sexual assault on a female recruit during a first-aid demonstration was only fined a loss of pay equivalent to €2,690 as well as forfeiting seniority in his rank for a period of 10 years as punishment.
On that occasion, the legal representative of the Director of Military Prosecutions claimed it was “unprecedented” that someone convicted of a sexual assault by a court-martial could continue in the service of the Defence Forces.
