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

5 tips for talking to your kids about cannabis

Health officials recommend sharing a harm reduction-related message.

Craig Lepoidevin looks to win a seat on Fraser Lake council again

Lepoidevin is prepared to devote all his time to improving the lot of the village

Steve Little is running for re-election to district council

His main priorities are youth and sports in the community

Village councillor Sarrah Storey is running for mayor of Fraser Lake

The volunteer and councillor started the food share and Walk and Roll programs in the community

Lots agreed upon at Vanderhoof mayoral debate

Incumbent Mayor Gerry Thiessen and his opponent, Justus Benckhuysen, see eye-to-eye on many issues

Video: An up-close look at beluga whales in Hudson Bay

An up-close look as some belugas greet whale watchers off the coast of Churchill, Manitoba

NHL players say Canada’s legalization of marijuana won’t impact them

NHL players say the legalization of marijuana in Canada won’t change how they go about their business.

Automated cars could kill wide range of jobs, federal documents say

Internal government documents show that more than one million jobs could be lost to automated vehicles, with ripple effects far beyond the likeliest professions.

Private marijuana stores should shut down, Mike Farnworth says

B.C. has approved 62 licences, but they still need local approval

HPV vaccine does not lead to riskier sex among teen girls: UBC

Girls are less likely to have sex now than they were a decade ago

Koreas agree to break ground on inter-Korean railroad

The rival Koreas are holding high-level talks Monday to discuss further engagement amid a global diplomatic push to resolve the nuclear standoff with North Korea.

Flash floods kill at least 7 people in southwest France

Flash floods have left several people dead in southwest France, with roads swept away and streams become raging torrents as the equivalent of several months of rain fell overnight, authorities said Monday.

Trump to visit Florida, Georgia; search ongoing for missing

The death toll from Michael’s destructive march from Florida to Virginia stood at 17.

Canadians widely unaware of accomplishments of famous women, poll suggests

A new poll suggests Canadians have a lot to learn about the accomplishments of some of the country’s most famous women.

Most Read