Retired soldier loses appeal after claiming concussion led to sexual assault on colleagues

Richard Muldarry was convicted of a number of offences following a Court Martial hearing in April 2024

Richard Muldarry was a serving member of the Defence Forces at the time of his offences, but retired prior to the Court Martial proceedings taking place.

A retired member of the Defence Forces who claimed he was suffering from concussion when he sexually assaulted two colleagues after consuming vodka from a bottle that had been destined for the “company padre” has had his conviction upheld by the Court of Appeal.

Following a Court Martial hearing in April 2024, Richard Muldarry was convicted of a number of offences including sexually assaulting a female colleague by placing his right hand on the inside of her leg without consent and moving his hand towards his groin at a military base in the early hours of November 13, 2021.

Muldarry was given a six-month sentence suspended for one year in respect of the sexual assault offences against his two colleagues. A period of detention of five days was imposed for a charge of behaving in a disorderly manner due to being under the influence of an intoxicant and various fines and reprimands were imposed in respect of the various other charges.

Muldarry was a serving member of the Defence Forces at the time but retired prior to the Court Martial proceedings taking place.

He launched an appeal against his conviction, arguing that the military trial judge made an error in admitting the evidence of a consultant forensic psychiatrist who gave evidence on behalf of the prosecution and in refusing to admit photographs of Muldarry. 

After hearing submissions from both sides this afternoon, Mr Justice Peter Charleton said the court was not upholding either ground advanced and dismissed the appeal.