Defence Forces Tribunal: Soldier had status downgraded after complaint of sex assault by army chaplain

Fr David Tyndall: The former Defence Forces chaplain was convicted at Dublin District Court in 2021 of sexually assaulting his then colleague at Cathal Brugha Barracks in Dublin on January 16, 2015,

The Defence Forces Tribunal has heard a soldier had his status downgraded after he complained about being sexually assaulted by an army chaplain.

Sergeant Noel Brennan, who was sexually assaulted by Fr David Tyndall, also said he felt officers had tried to persuade him to deal with the matter through mediation rather than pursue the formal complaint he lodged in 2021.

The incident happened in 2015 but Sgt Brennan, who was applying to join a particular unit at the time, was worried it might affect his chances of being accepted.

He told the tribunal on Friday that he was also worried about the friendship Fr Tyndall said he had with his superior officers.

The former Defence Forces chaplain was convicted at Dublin District Court in 2021 of sexually assaulting his then colleague on January 16, 2015, at Cathal Brugha Barracks in Dublin.

The 58-year-old, who blamed drinking alcohol for his actions, served as a Defence Forces chaplain from 2008 to 2021 before being removed from the role over the incident.

He received a three-month suspended sentence under Section 2 of the Sex Offenders Act after he pleaded guilty to kissing and touching Sergeant Brennan.

Mr Brennan, who left the Defence Forces in 2024, told the tribunal he had gone to Fr Tyndall’s residence in Cathal Brugha Barracks for help with getting an annulment of his marriage.

He said the priest asked for a hug, and thinking nothing of it, he obliged.

After the priest “nestled his head” into his neck and started smelling his neck, Mr Brennan said he broke away from him.

The priest suggested an annulment would be easier if Mr Brennan admitted to being gay.

Mr Brennan told the tribunal that when he told Tyndall he was not going to do that, the priest lunged at him and he immediately pulled away.

Matters deteriorated further when he said the priest told him that “we were meant to be together”.

Mr Brennan said that when he attempted to leave, Fr Tyndall blocked the door and insisted he give him another hug. He told the tribunal the priest then forced him to sit on a sofa where he "jumped" on him.

“He kissed me on the neck and tried to pull my trousers down, then he pulled my trousers down.

“I was completely shocked,” said Mr Brennan, adding that he then ran from the residence.

He said he didn’t report the incident immediately because “I didn’t want it to affect my career”.

In May 2021, he eventually made a formal complaint after a friend of his reported the matter to the Defence Forces.

Brennan wanted to make formal complaint rather than seek mediation

Mr Brennan told the tribunal that on two occasions, he was asked by two different investigators if he wanted to use mediation to resolve the incident.

“I said I wanted to make a formal complaint,” Mr Brennan recalled.

I wanted him to be held to account for his actions. 

Mr Brennan told the tribunal that, while he was in the process of making statements, there was "an abrupt knock on the door" on May 19, 2021.

He said a Military Police investigator, whom he had not been expecting to be involved in the interview, entered the room and immediately began speaking to him.

According to Mr Brennan, the investigator said he was there to discuss mediation and asked how he wished to proceed. Mr Brennan said the unexpected intervention left him feeling "a bit afraid".

He said: “I told him I wanted justice.

“This was the second time I had been offered mediation, and I felt they were trying to deter me.” 

Mr Brennan said he faced “immediate” consequences after making a complaint.

He said his status was downgraded, an act that would have meant he couldn’t serve overseas.

That matter is the subject of legal proceedings.

Complaints process 'entirely robust'

Former director of the Military Police and Provost Marshall, retired colonel Ian Byrne, told the tribunal that in his experience, the complaints process in the Defence Forces is “entirely robust”.

He said he found the proceedings he had been involved with were “pretty good” and that “the whole dynamic has evolved” in recent years in the Defence Forces.

When he was told about Mr Brennan’s complaint and that he had made a formal statement, Mr Byrne took the view that the complaint should be referred to the gardaí.

He told the tribunal: “I’d always be victim-centred.

“It’s always dependent on the victim as to how they want to go forward.”