Drinking in the New Zealand Defence Force has come into question during a court martial at Linton Military Camp.
On the fourth day of his trial, an army private was dismissed from service for four charges of indecent assault and one of insubordination. He has interim name suppression.
Prior to trial he admitted touching two women inappropriately by grabbing their buttocks twice, and the military panel subsequently found him guilty of using insulting language towards a superior.
He was found not guilty of further charges of indecent assault and intimidation, which stemmed from accusations that he tried to touch a woman’s groin and intimidate another woman.
The incidents occurred during a private function at an onsite bar in Linton on August 1, 2022.
Judge Jonathan Moses said he and the presiding military panel agreed a sentence of dismissal was the most appropriate outcome, but declined to impose a term of imprisonment.
He said the soldier’s behaviour had a significant effect on his victims and it was “in breach of the army’s attempts to arrest this behaviour through Operation Respect”.
“Sexual offending, even at [the] least serious end, is not tolerable.”
Defence lawyer Matthew Hague told the court his client had severe alcohol use disorder and this developed after he joined the army in 2021.
He said on the evening in question the private was heavily intoxicated and he was sceptical in relation to why none of the man’s colleagues had removed him from the bar or helped him home.
“There is a sadness in how those around [the soldier] looked after him.
READ MORE
- Why the NZ Navy is training with Israel, and what that could mean
- New Zealand Defence Force to increase troops stationed in North Korea/Korea DMZ
- NZDF pivots in training package for Ukraine
- NZDF rescue flight approved for stranded Kiwis in New Caledonia, leaving in next hour
His client had been seeing a counsellor through the Defence Force and was seeking treatment for his alcohol use. He was no longer drinking.
“If he refrains from drinking ... he can be a respectable young soldier.”
He said whilst indecent assault was always unacceptable he believed the private’s offending was at the lower end.
He argued for his client to remain in the army and said a term of one month’s imprisonment would be sufficient punishment.
Crown prosecutor Lieutenant James Olsen asked the panel to dismiss the soldier and impose a sentence of detention.
He said the private undermined the ethos and values of the Defence Force and it would be “intolerable” to keep him.
The man’s commanding officer also said they had lost trust in the private and it would be a burdensome task to keep him on.
“Any lack of trust is corrosive.”
His unit was deployed at a moment’s notice and with “limited manning” it would be difficult to oversee the private whilst ensuring the safety of others.
He also disclosed previous incidents involving the private, including when he disobeyed a command and was found drunk in the barracks.
The judge said this showed a failure on the soldier’s part to address his alcohol dependency.
There had been previous referrals to a counsellor, as early as May 2022, but he had only stopped drinking a month ago.
“This does not reflect a desire to address the issue as seriously [as] we hoped.”
The soldier was also “content to humiliate” his victims in public and the situation he found himself in was of his own making.
Olsen read aloud victim impact statements from the two women groped by the private.
They no longer worked at the bar, and said up until August 1 it was a job they loved.
After the incidents they were terrified of running into the soldier during work hours, and were told they could not access the barracks or clear bottles outside.
They said they were made to feel like it was their fault and felt they were punished.
Permanent name suppression was declined by the judge, but interim suppression would remain in place to allow time for the soldier to make an appeal.
