Defence Forces Tribunal: Officer denies putting pressure on soldier to not make formal complaint

Captain Mark Doyle after giving evidence at the Defence Forces Tribunal. Picture: Neil Michael.

A Defence Forces officer has denied pressure was put on a soldier who suffered sexual assault to not make a formal complaint.

Captain Mark Doyle said anybody who makes a complaint to the military police is free to use any number of options open to them, including calling gardaí.

It took four working days to report the matter to gardaí. Capt Doyle, a former senior member of the military police, said legal advice had to be sought on whether the assailant was subject to military law. 

“There is no pressure on complainants,” he told the Defence Forces Tribunal. 

“We do not deter or pressurise (anybody).” 

Sergeant Noel Brennan told the tribunal last week that Capt Doyle had entered a room abruptly, in May 2021, while he was in the course of making a formal statement.

Mr Brennan was sexually assaulted by former army chaplain Fr David Tyndall on January 16, 2015, at Cathal Brugha Barracks in Dublin. 

Mr Brennan, who has since left the Defence Forces, reported the assault later out of fear it would impact on his career.

He told the tribunal he “got a bit of a fright” when Capt Doyle walked into the room and asked him if mediation might be an option.

Mr Brennan said he didn’t want to go down that route, and said in his evidence last week that Capt Doyle’s offer was the second time he had been offered mediation.

He said he felt he was being “pushed” in that direction rather than making a complaint to gardaí.

Capt Doyle claims he knocked gently

At the tribunal on Tuesday, Capt Doyle denied he entered the interview room abruptly, but rather had knocked on the door “gently”.

He said he only entered the room to introduce himself as one of the official military police officers involved in his complaint and he wanted to offer Mr Brennan the range of options he could choose in how to deal with his complaint.

Asked by tribunal senior counsel Niall Beirne if it was “appropriate” for him to have entered the interview room, Capt Doyle replied: “Absolutely.”

He said there was "no pressure from any side, or to force him into any different direction".

Earlier, he explained that he had entered the room because one of his roles was to “provide a varying amount of options available to the complainant so they don’t feel pressure into any one thing”.

Mr Beirne asked if Capt Doyle could see why Mr Brennan might feel he was being pushed into mediation while there was “no mention of going to the gardaí”.

Capt Doyle replied: “I can see his logic.

“But there is no pressure on complainants. It is up to them what they want to do.” 

Senior counsel Kevin Darcy asked why he had offered mediation as an option to Mr Brennan when he hadn’t finished making his statement.

Capt Doyle said he was only keen to introduce himself and that he wanted to offer Mr Brennan “all options”.