A former soldier, who was convicted last month of sexually assaulting two colleagues, has told a military court he is unsure if he can ever forgive himself for his offences.
The 44-year-old former non-commissioned officer (NCO) said drinking inappropriately on the night of the incident, during which he sexually assaulted other military personnel two and half years ago, was “the biggest mistake of my life”.
He told a pre-sentence hearing of a court martial on Friday that he had not touched another alcoholic drink since that occasion.
The former soldier was found guilty of seven charges at a limited court martial held in McKee Barracks in Dublin last month following a two-week trial.
The name of the accused and his victims, as well as the location of the military base where the offences occurred, cannot be published due to extensive reporting restrictions imposed by the military judge, Colonel Michael Campion, on foot of an application by counsel for the Director of Military Prosecutions.
The former NCO was convicted of three charges of sexual assault involving two victims.
All the offences took place between 2am and 5.30am on November 13th, 2021. The court heard the accused had been the victim of an alleged assault following a drunken row with a friend on the same night.
The defendant was found guilty of sexually assaulting a female colleague who came to his assistance by placing his hands on her leg, without her consent, and moving them up her thigh.
A short time later, he again sexually assaulted her by placing his hand on the inside of her leg and moving it towards her groin.
'Highly intoxicated'
The NCO was also convicted of sexually assaulting a male colleague by putting his arms around him in a hugging gesture which caused the victim to apprehend that the accused was attempting to kiss him.
He was also found guilty of a count of assault on each of the same two victims and of two offences of conduct prejudicial to good order and discipline, contrary to Section 168 of the Defence Act 1954.
They related to an inappropriate gesture he made simulating oral sex to another member of the Defence Forces, as well as being in possession of an empty bottle of alcohol in a prohibited part of the military base.
The court martial, before a judge and military board composed of five members of the Defence Forces, heard the accused was “highly intoxicated and agitated” following the row.
Counsel for the defendant, Kathleen Leader SC, had claimed the NCO 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 with his colleague and was not responsible for his actions.
At the latest hearing, the accused said he had spent his military career by “helping, protecting and healing people”.
“That is all I’ve ever been about,” he said.
He apologised profusely for creating the drama which had resulted in the matter before the court and for causing “harm, hurt and upset”.
“Everything I do has been the complete opposite. I was putting fires out in the Defence Forces for some time,” he observed.
The former solider said he was saddened by his actions, which he described as “unforgiveable”.
He added: “I have to deal with the consequences. I’m not sure if I’m able to forgive myself.”
Commenting on his behaviour on the night, he stated: “It is not who I am. It’s not who I’ve been, and I think anyone who knows me would know that.”
In response to questions from Col Campion, the accused said words could not match how sorry he was, adding he is heartbroken for everyone who has been affected by his actions.
“My apology is massive,” he replied.
The court martial heard he was actively involved in a number of charities, while several former members of the Defence Forces also provided character references.
Col Campion heard the defendant had seven previous findings against him for disciplinary matters in the Defence Forces, including two for being absent without leave, one for being disobedient to a superior officer and one for being intoxicated.
It was also confirmed that he has no criminal convictions in civilian courts.
The soldier resigned from the Defence Forces in 2022 after a military career of over 22 years. He informed the court that he had resigned from a civilian job following his recent conviction and intended to become a full-time carer for his elderly mother.
The case was adjourned to a date in early June to allow for the preparation of victim impact statements.
