The court martial board investigating the alleged sexual assault by a former officer of the Defence Forces on two colleagues at a military establishment over two years ago is anticipated to start its contemplation this week, likely Thursday. This board makes up of five active Defence Forces members who operate as the jury during the court martial, and are required to achieve a two-thirds majority to decide each charge brought against the accused.
The man under trial is confronting seven charges in total, which include three of sexual assault, two of assault, and two related to misconduct. These allegations suggest that all these incidents transpired on the morning of November 13th, 2021, between the hours of 2.10am and 5.30am. The defendant has maintained a plea of not guilty on all counts.
Last Wednesday saw Military Judge Col Michael Campion deliver his instructions to the board, providing a summary of all the evidence submitted during the trial over the previous week. Col. Campion reiterated that the board’s obligation was to examine the evidence given to them in a “rational, detached and scientific” approach.
Earlier this week, clarification was made at the court martial that the defendant was eligible for a “unique verdict” of being guilty due to insanity, as there was a likelihood of him suffering a concussion moments before the alleged instances had taken place. Kathleen Leader SC, the defendant’s attorney, remarked in her closing statements that an expert witness’ testimony indicated that the accused’s behaviour, who had an altercation which resulted in a head injury just before the alleged criminal act, was consistent with signs of concussion.
Closing the prosecution argument, Comdt Seán Coffey, representing the Director of Military Prosecutions, stated that the defence had failed to offer sufficient proof to establish their client’s cognitive impairment due to the concussion at the time these incidents allegedly occurred.
The court martial, held at McKee Barracks on Blackhorse Avenue, north Dublin, will resume its proceedings on Thursday.