Sexual assault and ill treatment among offences for 11 soldiers punished in last four years

A log of cases where charges were proven details punishments including docking of pay, “severe reprimands”, reductions in salary scale, and loss of rank. File picture

Eleven soldiers have had charges against them proven in courts martial for sexual assault, ill-discipline, and going AWOL over the past four years.

A log of cases where charges were proven details punishments including docking of pay, “severe reprimands”, reductions in salary scale, and loss of rank.

In one case, a soldier had charges proven of sexual assault contrary to the Criminal Law (Rape) Amendment Act 1990 and conduct prejudicial to good order and discipline.

For the first charge, there was a forfeiture of 10 years seniority in rank and a fine equivalent to a fortnight’s pay. On the second charge, the punishment was a reduction on the pay scale for the soldier’s rank and another fine of a fortnight’s pay worth just over €1,350.

In another case, charges were proven against a soldier for conduct to the prejudice of good order and discipline of the Defence Forces. For that, the punishment was a fine of 14 days’ worth of pay and a severe reprimand.

A case of “ill treatment of subordinates” was also proven, according to records provided by the Defence Forces under FOI. The punishment in that case was a severe reprimand and a fine of nine days of pay.

One case saw four charges proven “in relation to documents”, according to the log, with each charge carrying a fine of one day's pay and a reprimand. Those offences under the Defence Act relate to a person who knowingly suppresses, defaces, alters, or makes away with any document or file kept by the Defence Forces or Department of Defence.

Another solider had three charges proven of “striking or offering violence” to a superior, behaving in an insubordinate manner, and disobeying a lawful command of a superior officer while on active service. For that, there were fines totalling 14 days’ worth of pay, a severe reprimand, and the payment of €1,000 in compensation to the injured party.

There were a number of cases where a soldier went absent without leave (AWOL), most of which were appealed but where the appeal was unsuccessful.

The Defence Forces also detailed two ongoing cases, one involving charges of false imprisonment, assault, and prejudice to the good order and discipline of the military. Another ongoing case listed six charges, which included behaving in a disorderly manner due to being under the influence of an intoxicant, as well as assault.

Asked about the records, the Defence Forces said: “The Military Judge, the Court Martial Administrator and the Director of Military Prosecutions are statutory independent office holders under the Defence Act and are independent in the exercise of their respective functions as prescribed under the Defence Act.

“With this in mind, it would be inappropriate for us to comment.”