An Army officer has appeared before a court martial on a series of charges, including sexual assault, arising out of an incident involving two female soldiers at a military barracks in Dublin two years ago.
The accused, who cannot be identified as a result of reporting restrictions imposed by Military Judge, Colonel Michael Campion, has yet to indicate a plea to the various charges arising out events at McKee Barracks, off Blackhorse Avenue, in Dublin on 25 June 2020.
The commissioned officer is facing a number of charges, including sexual assault under the Criminal Law (Rape Amendment) Act 1990 and assault under Section 2 of the Non-Fatal Offences Against the Person Act 1997.
The soldier is also charged with offences under the Defence Act 1954, relating to drunkenness and conduct contrary to good order and discipline.
The court martial heard the incident occurred at McKee Barracks while the two alleged victims, who are senior non-commissioned officers, were on duty.
At the outset of the hearing, the judge granted an application by counsel for the Director of Military Prosecutions, Commandant Seán Coffey, for reporting restrictions to be imposed banning the publication of the names of the accused and the victims in the case.
Judge Campion said it was an appropriate case for limiting publication of details, as the legal process had implications for the accused, the victims and the Defence Forces.
The judge also granted an application to lawyers for the accused for free legal aid.
During the sitting at the Military Justice Centre in McKee Barracks, the accused spoke only to confirm his name and rank and to state that his statement of means was correct.
The judge adjourned the case until 9 May when the officer will be arraigned on the various charges and expected to enter pleas of guilty or not guilty.
If the case goes to trial, the accused will appear before a sitting of a General Court Martial – a rarely used form of military court reserved for the most serious offences and offences involving senior-ranking officers.
It consists of a military judge presiding over a court martial board, composed of at least five members of the Defence Forces who act as the jury.
As the accused is a commissioned officer, the board must also be composed of commissioned officers with at least one member holding the rank of colonel.
Findings of fact by the court-martial board require a two-thirds majority, while the military judge rules on any matter of law and will also determine the sentence, if any, to be imposed.
Sentences up to and including life imprisonment can be imposed by a General Court-Martial, although the maximum jail sentence in the current case is five years.
