Naval instructor put on probation for sexually assaulting recruit at navy base in Cork

The recruit said in a victim impact statement: “I should be happy with the outcome of this but in all honesty this man has broken me."

Derek Nagle

A 56-year-old Naval instructor was put on a probation bond at Cork District Court on Tuesday for slapping a new recruit on the buttocks while winking and remarking: "You’re lucky it wasn’t 14 or 15 years ago." 

Derek Nagle of Kilmona, Grenagh, County Cork, resigned from the Navy since the sexual assault in March last year. Today his barrister, Ronan Barnes, said: “There is a probation report which is positive and makes certain recommendations.” 

Judge Marian O’Leary, who had adjourned sentencing, said: “I have read the report. I am going to put him on a probation bond for 12 months.” In effect, a probation bond requires a defendant to comply with directions of the probation service for the specified period.

When the case first came before the court on February 28, the injured party Seana O’Connor waived her right to anonymity. As Derek Nagle pleaded guilty to sexually assaulting her, Ms O’Connor said in a victim impact statement: “I should be happy with the outcome of this but in all honesty this man has broken me. We all have been through situations in our lives that try and test us and we move on and remain strong but there’s only so much one person can take.

“After the incident happened I got up every day, put a face on, finished my branch training, passed my courses, moved onto the ship and had some amazing trips but inside I was breaking and still am.

Every night for three to four weeks I had extreme nightmares, breakdowns and having to go to counselling service which the Irish naval service provides. I couldn’t thank them enough.

“But even with all of that I smiled every day, got on with my work and showed everyone that I was OK and in actual fact I’m not. A year on and I still would have nightmares. I know 10 times worse could have happened to me — I do get that — but it shouldn’t have happened in the first place.” 

Outline of assault

Inspector Anne Marie Guiney outlined the background to the sexual assault which was carried out at lunchtime on March 1, 2022, when the Naval recruit was in the Transit Room at the base in Haulbowline, Cork, which is the male living accommodation, also known as the Billets Room.

“She was sitting on another male recruit’s bed chatting when Naval officer Leading Seaman Derek Nagle came in and shouted at her, ‘What the f*** are you doing in here?’ She said she was sorry, she was just getting something.

“Officer Nagle sat on the bed beside her and began pulling her right arm back and forth while gripping her shirt. He put his right hand behind her back and pushed her forward. He put his other hand on the back of her neck pushing her further forward so that her face was towards the floor.

“At this point her backside came off the bed and she was in a half standing position with her top half bent over. Officer Nagle then proceeded to slap her across the left hand side of her buttocks forcefully and said to her, ‘I thought you like it rough, O’Connor’, and repeated this a few times.

“After the slap she fell to her knees. She then saw him pick up a bottle of water and believed he was going to throw it over her. She grabbed it off him and said, ‘F*** off, that’s enough now.’ 

“As she was fixing her uniform he winked at her and said, ‘You’re lucky it wasn’t 14 or 15 years ago.’ That day she reported the matter to a higher superior officer. And military police were assigned to investigate. A number of other naval recruits were present in the room and they witnessed the incident.

'Aberration'

Defence barrister, Ronan Barnes, said Derek Nagle joined the Navy in 1985. “He gave 37 years of service to the State. He has absolutely nothing whatever remotely like this (previously against him). His position in the Navy became untenable, he has resigned from the Navy. He was an instructor and it was not appropriate for him to direct physical training.

“He was interviewed and answered everything that was asked of him. Initially, he was not able to accept there was an indecent element (to the assault). He now accepts the injured party’s account entirely.

“He instructs me to apologise sincerely to the injured party. It is a horrible thing to have happened. It should not have happened. He cannot give me any explanation. It seems to be an aberration after 37 years service to the State.”

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