Assault case against Army halted

A FORMER Army officer who alleged she was sexually assaulted while asleep in Cathal Brugha barracks in Dublin 13 years ago has withdrawn her High Court action over how the incident was handled within the Defence Forces.

The assault in June 1998 on former lieutenant Aisling Cunnane, described as “a pioneer for women in the Defence Forces”, was regarded within the Army as “a scandal” not to be disclosed in public, her counsel said. The alleged perpetrator was an Air Corps officer who had also interfered with another party and was later dishonourably discharged, Séamus Ó Tuathail SC said.

Senior Army officers had tried to keep the matter internal and to dissuade Ms Cunnane from making a complaint to the Garda. Such was the pressure Ms Cunnane was put under that she eventually withdrew the complaint and left the Army, Mr Ó Tuathail added.

He said Ms Cunnane had met then minister for defence Michael Smith in December 1999 and he had “listened sympathetically”. She was allowed to retire on compassionate grounds but her Army career was “abruptly and totally” destroyed by the incident.

While she was sent to a solicitor for independent legal advice, that solicitor was a friend of an Army colonel dealing with the matter, who strongly advised her not to go against the Army way of dealing with it, Mr Ó Tuathail added.

Ms Cunnane initiated her action against the Minister for Defence and the State in 2005, which included a claim for damages, including for up to €491,000 for loss of earnings.

Hugh Mohan SC, for the defendants, objected to issues being raised which had not been pleaded, including the mixed nature of sleeping quarters in the barracks.

Ms Cunnane had been told of the various options of dealing with the matter, including making a complaint to gardaí, he said.

Mr Justice John MacMenamin said the focus of the case related to how the Army dealt with the alleged assault which did not preclude Ms Cunnane giving evidence. The case was due to resume after lunch with Ms Cunnane expected to give evidence, but he was told by Mr Ó Tuathail that the case had been withdrawn on terms.

Earlier, Mr Ó Tuathail said that at the time of the incident in June 1998, she had been to a club, had drink taken, was sick and returned to the Army barracks in a taxi. She was put to bed by a friend.

Ms Cunnane awoke to find a man sexually molesting her. She screamed and he left. She told an officer about it and was advised to see the chaplain. The chaplain was not there and the next day Ms Cunnane, very upset, went to her parents’ home in Roscommon.

Ms Cunnane was dealing with a senior officer who wanted her to let the Army deal with it and not to go to the Garda. A court martial was discussed and Ms Cunnane got assurances of gender balance, confidentiality and a private hearing but she was later told by another senior officer those assurances could not be fulfilled.

As confidentiality was just a “chimera”, Mr Ó Tuathail said, Ms Cunnane was left with no option but to retire. Her case was that she was put under pressure to deal with the matter internally.