Soldier accused of assaulting recruit at Limerick barracks
Private Philip McCarthy admitted organising a meeting of the platoon to discuss their performance but rejected allegations that he had described Trooper Canty as 'a bag of shit'. Picture: Kieran Clancy
A soldier has gone on trial before a military court over allegations that he assaulted a fellow recruit at a barracks in Limerick due to his poor performance during training.
Private Philip McCarthy has pleaded not guilty to 12 charges relating to an incident in an accommodation block at Sarsfield Barracks, Limerick, on July 18, 2021, in which he allegedly assaulted another trainee, Jack Canty.
They include one charge of false imprisonment, two charges of assault causing harm, and two charges of assault contrary to the Non-Fatal Offences Against the Person Act 1997.
Private McCarthy is also accused of conduct contrary to good order and discipline contrary to Section 168 of the Defence Act 1954.
The other five charges are alternatives to the criminal charges under the Defence Act.
The trial heard that Private McCarthy had made a statement to military police in which he said he and two other recruits had gone to Private Canty’s room “to have a chat because of his poor performance”. Private McCarthy said he told his army colleague he needed to put in more effort and to stop getting the platoon into trouble.
He said Trooper Canty got defensive but added “we left it at that” and repeatedly denied ever touching him.
Private McCarthy admitted organising a meeting of the platoon on his own initiative to discuss their performance but denied calling out recruits who were not doing well.
He rejected allegations that he had described Trooper Canty as “a bag of shit” and “a faggot”.
In earlier evidence, Trooper Canty, who is currently based at Collins Barracks in Cork, described how he was lured to his room by another recruit before being attacked and suffering injuries to his neck and chest.
He described how Private McCarthy came into his room with four other recruits and asked him if he had “heard the good news”.
Trooper Canty said he was already aware that people were going around “giving beatings” to others so he knew what was coming.
He claimed Private McCarthy remarked: “You are either leaving in the morning or leaving with broken ribs”, which he understood meant to leave the Defence Forces.
Trooper Canty said the accused also said he should leave because nobody liked him.
He gave evidence that Private McCarthy pulled him to the ground and started choking him, while someone else started punching him in the ribs.
After standing up, he said he was thrown to the ground again by Private McCarthy before being picked up in a headlock.
The trial heard the complainant claim he could not breathe at all at this stage and was seriously worried he was going to lose consciousness.
Trooper Canty estimated that the incident lasted less than 10 minutes, with Private McCarthy remarking as he was leaving the room:
He said he asked other recruits if he could sleep in their room that night as he feared for his safety if he stayed in his own room.
The trial heard Trooper Canty claim he was on a list of four recruits who others wanted to get rid of from the Defence Forces.
Under cross-examination by counsel for Private McCarthy, Gerard Humphreys SC, he admitted he had not sought any medical assistance for his injuries on the night of the incident.
Mr Humphreys said there was medical evidence that the redness on Trooper Canty’s body could have been caused by friction from carrying a rifle.
Trooper Canty also accepted he had been marked as below-average for most of his training period.
The trial heard that Trooper Canty was also involved in a row four days before the alleged assault with other recruits, including the accused, after his trainee buddy was asked to write an essay for him because he had an injured wrist.
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