Soldier accused of sexual offences entitled to insanity verdict due to concussion, court martial hears

A court, sitting at McKee Barracks in Dublin, has heard evidence over the last fortnight, with the accused pleading not guilty to three alleged sexual assaults and a misconduct charge. Photograph: Gareth Chaney/Collins

She noted one of the complainants, who was trying to assist the accused man on the night in November, 2021, had said she was focused on his excessive alcohol consumption and a suspected head injury he had sustained as she tried to aid him. This, Ms Leader said, underlined that the head injury was “in it from the start”.

She was “not suggesting” those actions were “gold standard”, “warranted praise” or were even “acceptable”. But she urged the board, of five male Defence Forces officers, to consider if it was “truly sexualised behaviour” or “truly a sexual assault”. “Without discipline we would cease to be a military at all,” he said, adding the fact the accused had consumed vodka in an area he was not permitted to do so was proof of the charge of breaching good order and discipline.

In relation to the male complainant, other colleagues had mentioned seeing him immediately after the alleged sexual assault on him and recalled that he “looked in shock” and was “not himself”.

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