Army officer who subjected recruits to 'degrading treatment' in mock trial fined by court martial
The officer, who holds the rank of lieutenant, was fined a total of 34 days' pay – equivalent to a sum of just under €5,000 – after pleading guilty at a general court martial to six breaches of military law while acting as a training officer for a 1st Brigade NCO course at a number of military locations in Cork two years ago.
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A military judge said the incident in relation to the mock trial demonstrated 'a culture that is not aligned' with the values of the Defence Forces and was the result of 'an unacceptable group dynamic' that had existed before the officer became involved in the training course.
The identity of the accused is not being published at the request of the judge, Colonel Michael Campion, made during a sentencing hearing at the Military Justice Centre in McKee Barracks in Dublin.
The officer admitted committing six offences of conduct prejudicial to good order and discipline, contrary to Section 168 of the Defence Act.
They included a charge that he participated in a mock trial which resulted in the unlawful detention of three trainees at Lynch Camp, Kilworth, Co Cork on May 18th 2023.
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He also admitted to consuming alcohol while on duty on the same date and location.
Col Campion observed that the three trainees had been subjected to 'degrading treatment' by being placed in a mock prisoner-of-war cage, although he accepted that the accused was not the 'prime mover' in the incident.
Separately, the officer pleaded guilty to conducting unauthorised drills with students at the Naval Base in Haulbowline, Co Cork on June 14th 2023 as well as consuming alcohol while on exercise.
He also pleaded guilty to permitting subordinate instructors to consume alcohol and failing to prevent them from conducting manoeuvres after consuming alcohol at Fort Davis, Whitegate, Co Cork on June 15th, 2023.
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The judge said the unauthorised drills had no legitimate training purpose and it appeared the students participating in them had been chosen because they were struggling with aspects of the course.
Col Campion remarked that such trainees deserved the support of the officer 'instead of treatment of that kind.'
He said such behaviour seriously undermined morale, negatively impacted on the reputation of the Defence Forces and created difficulties with the recruitment and retention of staff.
The judge said the defendant's actions were not 'one-off' as they involved three separate incidents over the space of about a month.
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Addressing the accused, Col Campion said he had considered dismissal from the Defence Forces as a punishment for conduct he described as 'utterly unacceptable.'
However, the judge acknowledged that the officer had entered an early guilty plea and had cooperated with a military investigation, as well as apologising for his actions and showing insight and remorse.
Col Campion noted that he had no previous record of indiscipline and said he was impressed by character references and support offered by his senior officers.
The judge also observed that the accused had missed out on promotion to the rank of captain because of the court martial, as well as not being selected for overseas trips, which also had financial consequences for him.
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Col Campion said the charges were not criminal offences, but the Defence Forces was different from civilian life and disciplinary breaches were far more serious when they were committed in a military environment.
He observed that the maintenance of discipline was 'of the essence in a military force' and the Defence Forces was dependent on its members behaving for its 'effectiveness, integrity and reputation.'
The judge claimed aggravating factors in the case were the accused's rank and experience and his knowledge of the standards expected of someone who had served three years as an officer.
Col Campion observed that the lieutenant had set 'an appalling bad example' to his subordinates and his conduct was prejudicial to good order and discipline 'in a very real way.'
He said the officer had failed to demonstrate the standard of leadership expected as well as a duty of care and showing trainees dignity and respect even in a robust training environment.
However, the judge said he believed it was a case of appalling bad judgement on the part of the accused rather than anything more malign.
Noting that the accused came from a family with a long military history, Col Campion said such a background would 'accentuate your sense of shame.'
The judge allowed the defendant to pay the fine in monthly instalments of €286.66 over a 17-month period.
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