A former member of the Defence Forces has appeared before a military court on charges of sexually assaulting two colleagues on a military base almost two and a half years ago and simulating a sexual act in front of another soldier.
The accused pleaded not guilty to a total of eight charges at a court martial in the Military Justice Centre at McKee Barracks in Dublin including three charges of sexual assault on two soliders and three separate charges of assault on the same individuals, contrary to Section 2 of the Non-Fatal Offences Against the Person Act 1997.
All the alleged offences took place between 2am and 5.30am on November 13th, 2021, at a time when the accused had been the victim of an alleged assault following a drunken row with a friend.
The name of the former NCO on trial and any military personnel involved in the case as well as the location of the military base cannot be published as a result of extensive reporting restrictions imposed by the military judge, Colonel Michael Campion, on foot of an application by legal representatives of the Director of Military Prosecutions.
The retired soldier is accused of two counts of sexually assaulting a female colleague by placing his hands on her legs without her consent and moving his right hand up her leg and sometime later making a similar gesture when he placed a hand on the inside of her leg and moved it towards her groin.
The defendant is also charged with assaulting her on two separate occasions over a period when she was trying to calm him down.
He is also charged with sexually assaulting a male soldier by placing his arms around him, which caused the alleged victim to apprehend that the accused was attempting to kiss him as well as assaulting him when he tried to hug the same individual.
The former NCO is also accused of two counts of conduct prejudicial to good order and discipline contrary to Section 168 of the Defence Act 1954.
They relate to accusations that he made an inappropriate gesture 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.
Counsel for the DMP, Commandant Seán Coffey BL, said the accused had been drinking alcohol in the canteen on the military base with a friend on the night of November 12th, 2021, before they returned to his room where they consumed a bottle of Grey Goose vodka between them.
Cmdt Coffey said a soldier in the next room was woken at some stage in the early hours of the following morning by a noisy disagreement in which the accused’s friend sounded upset and was “angry and crying".
The trial heard other members of the Defence Forces were called to the room where the defendant was found to be intoxicated and repeating words.
Cmdt Coffey said the first alleged offence occurred when a female colleague was trying to help him.
He was moved to another location where she and another male colleague tried to calm him down because he was “highly intoxicated and agitated".
The court martial heard the accused committed another sexual assault as he was being brought back to his room when he had tried to kiss the male solider.
Cmdt Coffey said the accused also made several more attempts to hug the same colleague.
When he was not allowed to re-enter his room, the court heard he cupped his hands around his chin to simulate having oral sex on a penis in a gesture at the member of the Defence Forces who had stopped him.
The court heard the female soldier had varying degrees of success in getting the accused to calm down over the next two hours when she tried to settle him in a bed in another location within the base.
During this period, he allegedly assaulted her when he pulled her tight to his body and placed his head in a manner that she thought he was going to bite her neck.
Cmdt Coffey said he sexually assaulted her a second time at this stage by placing his hand on her thigh and moving it up her leg.
Counsel added that he also assaulted her by pulling on her arm as she was escorting him back to his own room.
According to the prosecution, he has also simulated pulling down his underpants at one stage.
One witness described how he had been standing outside when he saw the male colleague, who is an alleged victim, appear “quite shook up and nervous” when he arrived with the defendant.
The witness said the accused was “all over the place” as he appeared intoxicated and was slurring his words.
However, he said the accused also seemed very happy as he was “laughing, joking and mumbling.”
“I think he found the situation quite funny,” he added.
He outlined how the former NCO then simulated an act of oral sex when he stood in front of the door to prevent him returning to his room.
Cross-examined by defence counsel, Kathleen Leader SC, the witness said he had not been offended by the gesture but believed such an action was “very out of place” for the defendant.
Another witness gave evidence of attending the scene after it was reported that the accused had been assaulted by his friend.
She described seeing the friend upset and hearing him remark: “I did it. I hit him. It’s all my fault” before adding: “I should have killed him.”
The witness said the same soldier was concerned that everyone would believe the accused and not him.
He then put his hand on his face while saying: “What am I going to tell my wife” and pointed out that the accused had been the best man at his wedding 21 years earlier.
The witness also recalled seeing the defendant a short time later when he had glassy eyes, was unsteady on his feet and smelled of alcohol.
She said he had a slight cut on his forehead with a small amount of blood around his right eye, while his other eye appeared bruised and was starting to swell.
The limited court martial before a judge and military board (jury) of five members of the Defence Forces, is expected to last over a week.
