A former member of the Defence Forces who sexually assaulted two army colleagues at an overseas military base three years ago has been given suspended six-month sentences by a military court.
However, former sergeant, Richard Muldarry (44) from Mullingar, Co Westmeath, was sentenced to five days detention in the Curragh Camp for disorderly behaviour as a result of being drunk, contrary to Section 142 of the Defence Act 1954 on the same occasion.
Military judge, Colonel Michael Campion, also fined the defendant a total of €5,100 and issued him with three severe reprimands and three reprimands after being convicted of 10 different offences, including three charges of sexual assault involving two victims – one male and one female.
Col Campion observed that he would have been demoted to the rank of private and been discharged from the Defence Forces as punishment if he was still a serving member.
The former NCO – who was a leading figure in the LGBTI support network within the Defence Forces, Defend with Pride, during his military career – was found guilty of seven charges at a limited court-martial last April following a two-week trial after earlier pleading guilty to three other offences.
They included exposing his genitalia after pulling down his underpants in front of his female victim, simulating a sexual act in front of another soldier and presenting his buttock in the direction of another colleague.
Col Campion described the events of the night as “an episode of disorderly conduct fuelled by excessive alcohol lasting over three hours.”
All the offences took place between 2am and 5.30am on November 13th, 2021 at an overseas military base at a time when the defendant had been the victim of an alleged assault following a drunken row with a close friend.
The location of the military base cannot be published as a result of extensive reporting restrictions imposed by Col Campion on foot of an application by the Director of Military Prosecutions.
The defendant was found guilty of sexually assaulting a female colleague who had come to his assistance by placing his hands on her leg, without her consent, and moving them up her thigh.
A short time later, he sexually assaulted the same victim again when he placed his hand on the inside of her leg and moved it towards her groin.
The former soldier also sexually assaulted a male colleague when he placed his arms around him in a hugging gesture which caused the victim to apprehend that the accused was attempting to kiss him.
The court-martial heard Sgt Mulderry had sounded “like a broken record” as he repeatedly remarked to several colleagues, including both sexual assault victims: “Just one time at band camp” – a sexual reference from a line in the movie, American Pie.
Defence counsel, Kathleen Leader SC, had argued he was entitled to a “special verdict” of guilty by reason of insanity as it was likely he had suffered concussion from blows to his face during the row and was not responsible for his actions.
At a sentencing hearing at McKee Barracks on Tuesday, Col Campion said aggravating factors in the case included the fact that the defendant was an experienced NCO with 22 years of military service and the fact that his conduct involved 14 members of his unit on the night.
The judge said a comment thread in Sgt Mulderry’s behaviour was “inappropriate sexualised behaviour” following excessive consumption of alcohol.
“His legacy of good service over many years has been undermined by significant misconduct,” he added.
The judge noted the accused’s female victim had told the court that she was shocked, angry and disappointed at Sgt Mulderry.
In a victim impact statement, she outlined how she suffered anxiety, stress and panic attacks over what had happened and how she had also felt let down by both her unit and the Defence Forces.
The other sexual assault victim claimed the offence had impacted him negatively in terms of sleep pattern and general well-being, as well as going on further overseas trips.
Col Campion acknowledged that the defendant was previously of good character and had been provided with references about his caring, empathetic nature and reliability.
He also noted that Sgt Muldarry had shown remorse and apologised for his conduct.
The court-martial heard he also worked as a volunteer with Samaritans Ireland and had provided foster care services.
Sgt Mulderry, who is currently unemployed but in receipt of a monthly military pension of €1,600, was accompanied by his husband, Levino de Oliveira.
The court-martial heard the convictions would have serious and life-long consequences for him, including that he could not foster children again.
Col Campion said sexual assault was a most serious offence for which there was “zero tolerance” within the Defence Forces and which had an extended impact on the defendant’s victims.
However, he accepted that Sgt Muldarry’s offences were at the lower end of the scale, and he was considered at a low risk of reoffending.
Nevertheless, the judge said there was an element of persistence as the offences were repetitive in nature.
Sgt Muldarry was also found guilty of assaulting each of the same two victims and convicted of four offences of conduct prejudicial to good order and discipline, contrary to Section 168 of the Defence Act 1954.
They included an inappropriate gesture he made simulating oral sex as well as being in possession of an empty bottle of Grey Goose vodka in a prohibited part of the military base.
At a pre-sentence hearing in May, the former soldier told the judge that he was unsure if he could ever forgive himself for his offences.
The former NCO said drinking inappropriately on the night was “the biggest mistake of my life.”
He gave evidence that he had not touched alcohol since the events of November 2021.
Sgt Muldarry has seven previous disciplinary findings against him while serving in the Defence Forces, including two for being absent without leave, one for being disobedient to a superior officer and one for being intoxicated.
The defendant, who is a part-time carer for his elderly parents, resigned from the Defence Forces in 2022, while he also resigned from a civilian job following his conviction by the court-martial earlier this year.
Sentencing Sgt Muldarry to six months detention on each of the three sexual assault charges, Col Campion suspended the sentences for a period of 12 months but ordered him to be detained for five days for being drunk.
He also imposed fines for all ten offences ranging from €200 to €1,250 and totalling €5,100 which he ordered should be paid by October 31st.
The judge directed that no post-release supervision order was warranted.
Col Campion said the range of effective punishments had been restricted by the fact that the defendant was no longer in the Defence Forces.
The judge observed that alcohol was “at the core” of the offences which he observed was a common feature of cases that came before court martials.
He also granted an application by counsel for the Director of Military Prosecutions, Lieutenant Colonel Seán Coffey, to lift a restriction on publishing the name of the defendant.
