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A former soldier has been sentenced to five days of detention and fined €5,100 after he was convicted of various charges, including the sexual assault of two colleagues, at a limited court martial. .
Richard Muldarry (44), a former sergeant with the Defence Forces, was previously found guilty of three counts of sexual assault, two counts of assault and two counts of misconduct, all arising from events over a number of hours on the morning of November 13th, 2021, at a military base. Before the trial, he entered guilty pleas to two further counts of misconduct and one of drunkenness relating to the same incident.
At a sentencing hearing held at McKee Barracks on Blackhorse Avenue on Tuesday, Military Judge Col Michael Campion said Muldarry’s offending amounted to a “very serious breach of military discipline”, and that he had “breached the rights” of the colleagues he sexually assaulted.
For each of the three sexual assault charges of which Muldarry was convicted, Col Campion handed down a six-month period of detention, suspended for one year, as well as fines amounting to €3,000.
The court had previously heard how Muldarry sexually assaulted a woman soldier by placing his hands on her leg, without consent, and moving them up her thigh. Some time later, Muldarry again sexually assaulted the woman colleague, when he placed his right hand on the inside of her leg and moved it towards her groin.
The court also heard evidence of Muldarry’s sexual assault of a male subordinate colleague when he put his arms around him in a hugging gesture and moved his face towards him, causing the complainant to believe Muldarry was trying to kiss him.
Muldarry was also convicted of assaulting both injured parties, and committing conduct “to the prejudice of good order and discipline”, including making sexualised gestures at another colleague. He also exposed his genitalia to his female colleague during the incident.
Summarising victim impact statements given by the injured parties, Col Campion noted how Muldarry’s female victim felt “anger and disappointment” towards him, as well as “upset and frustration”.
She also stated that she felt “let down” by the Defence Forces following the incident, and that the court martial “forced her to relive the assault”. She said she suffered from anxiety and panic attacks in the wake of the incident.
Col Campion noted that Muldarry’s male victim felt betrayed by him following the incident, and betrayed by “the organisation” that selected Muldarry for service. He said he had a “morbid preoccupation” with thinking about the assault, and that he suffered a financial loss.
Col Campion considered various aggravating factors in Muldarry’s case, including that his offending “reflected inappropriate sexualised behaviours” following on from excess consumption of alcohol, that he caused a significant drain on Defence Forces resources and that his 21 years of service meant that he knew the standard of behaviour expected of him.
Considering mitigation, Col Campion said that Muldarry was previously of good character, had no previous civil convictions of any type, enjoyed strong character references, had a history of charity work and showed remorse for his offending. Col Campion noted that Muldarry previously said he was “beyond sorry” for his behaviour and that he was “heartbroken” for his victims.
Col Campion said that had Muldarry not already left the Defence Forces in April 2022, his offending would warrant a discharge. He noted that Muldarry had no memory of his offending, but accepted it nonetheless, and that he was at a very low risk of reoffending. He said that while all sexual offences are considered serious matters, he accepted the defence’s assertion that Muldarry’s offending was on the minor end of seriousness.
Col Campion handed down an effective sentence of five days’ detention and a fine of €5,100. Muldarry was variously “reprimanded” and “severely reprimanded” for other counts before the court, a punishment awarded under the Defence Act 1954.
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