A military judge is expected to render a decision today in the case of a Halifax sailor accused of sexually assaulting a subordinate. Accused Master Seaman Daniel Cooper, right, arrives for his standing court martial case in Halifax on Tuesday Sept. 26, 2017. THE CANADIAN PRESS/Ted Pritchard

Canadian sailor found guilty of sexual assault

Master Seaman Daniel Cooper had pleaded not guilty to the charges aboard the HMCS Athabaskan

A military judge has found a Halifax-based sailor guilty of sexually assaulting a subordinate.

In a verdict rendered Monday, military Judge Sandra Sukstorf also found Master Seaman Daniel Cooper guilty of ill treatment of a subordinate.

Sukstorf said there were inconsistencies in Cooper’s testimony during the trial and in a statement given to military police that were at odds with the evidence in the case.

“I do not believe his version of events,” said Sukstorf. “I do not find the accused credible on the issue of consent.”

Cooper had pleaded not guilty to the charges in relation to an incident aboard HMCS Athabaskan while the navy destroyer was visiting Spain in 2015.

Sukstorf said Cooper’s motivation was predatory and ”clearly not honourable.”

“The case amounts to a lack of consent on (the victim’s) part and a giant leap of imagination on Cooper’s part,” she said.

Cooper had pleaded not guilty to the charges in relation to an incident aboard HMCS Athabaskan while the navy destroyer was visiting Spain in 2015.

RELATED: Canadian sailor testifies sex was consensual

Cooper took the stand in his own defence at his court martial last week and testified that the sexual activity was consensual, but the victim, whose name is protected by a publication ban, testified he awoke to the naval communicator at Canadian Forces Base Halifax performing oral sex on him.

Both sides agreed that Cooper’s version of what took place in the sailors’ sleeping quarters on the night in question cannot be reconciled with the victim’s testimony, but they clashed over which account was more credible.

During closing arguments Saturday, Prosecutor Maj. Dominic Martin said Cooper and the junior sailor’s accounts of the night of drinking before the alleged incident were “pretty compatible” up until when the sailors returned to their sleeping quarters on the navy destroyer, which was docked in Spain as part of a NATO exercise.

Under cross-examination Cooper maintained that he twice asked the junior sailor if he wanted to engage in sexual activity and the other man agreed.

He had previously testified that after a night of drinking, he and the junior sailor went back to their sleeping quarters, and as they were talking by the other man’s locker, he noticed that he had become aroused.

Cooper said he asked the junior sailor if he wanted to become intimate and the other man agreed. He said he asked the other man again at his bunk before engaging in sexual activity.

During closing arguments, Martin asserted that Cooper fabricated the conversation near the locker in an effort to “absolve” himself of guilt.

Defence counsel Maj. Phillipe Boutin argued it was the victim’s account that lacked credibility past “the point of no return.”

Boutin said the victim testified that he could not remember many details during the period of time in question, especially those that may put him in a “bad light.”

In previous testimony before the military court the victim said he feared for his safety and attempted to alert a crew member in the bunk below him — but he said his pleas for help went unanswered.

The sailor from the lower bunk testified Friday that he remembered the victim attempting to wake him up on the morning in question.

The bunkmate said the two men then reported the incident to a superior.

The military has promised to crack down on sexual misconduct in the ranks since an April 2015 report by retired Supreme Court justice Marie Deschamps found an “underlying sexual culture.”

Military police received 193 reports of sexual assault in 2017, more than twice the 93 reported in 2014. There have also been more charges, with 44 in 2016 compared to 24 in 2014.

Keith Doucette, The Canadian Press

Just Posted

Hawk Tail Brewery ready to open doors

New Rimbey business to begin operation

Basketball Battle of Ponoka set for two high schools

Perhaps the first time ever in league, the Ponoka Broncs play against the St. Augustine Kings & Queens

Motorist flees police near Ponoka, escapes on foot

While attempting a traffic stop police say the driver sped off before hitting the ditch

Ponoka residents to see rise in utility rates in 2019

Change to power transmission rider, sewer charges will see cost of living in Ponoka rise

Two overtime victories for the Ponoka Stampeders

Local junior squad resilient in pair of extra time contests this past week

Girl opens Christmas present she gave to boy when she dumped him in 1971

Adrian Pearce, now a married father of two, received the small present from his highschool sweetheart

Macron addresses France amid protests; is it too late?

Paris monuments reopened, cleanup workers cleared debris and shop owners tried to put the city on its feet again Sunday.

CUPE calls off Flair Airlines job action citing job security concerns

The union says it’s going to challenge Flair’s move at the Canada Industrial Relations Board before proceeding with any job action.

Trump looking at several candidates for new chief of staff

Trump’s top pick for the job, Nick Ayers, is out of the running and Trump is now soliciting input on at least four individuals.

Canadian physicist collects Nobel Prize

Canada’s Donna Strickland is one of three winners of this year’s Nobel Prize for Physics.

Canada Post backlog, Greyhound exit creating headaches ahead of the holidays

The federal government forced members of the Canadian Union of Postal Workers back to their jobs late last month

Top EU court rules UK can change mind over Brexit

Britain voted in 2016 to leave the 28-nation bloc, triggering a two-year exit process

WATCH: CP Holiday Train rolls into Lacombe

Kelly Prescott performed for hundreds of Central Albertans

In Canada, the term ‘nationalism’ doesn’t seem to have a bad rap. Here’s why

Data suggest that Canadians don’t see the concept of nationalism the way people do in the United States

Most Read