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

West Kootenay police take 18 impaired drivers off the road

Eight drivers were criminally impaired, says Sgt. Badry from West Kootenay Traffic Services

Nelson-area man wants trapping laws changed after dog killed

Louis Seguin’s 10-month-old Australian shepherd died in a body-gripping trap last month

Trail church asks families to tend the Christmas kettles

Volunteering teaches kids how to be generous of heart, if they can’t be generous of wallet

West Kootenay highways a mess as heavy snowfall continues

‘Roads are very icy, people have to be patient and have to slow down’

Snowfall warning across the West Kootenay

A strong Pacific frontal system had Environment Canada issuing a snowfall advisory early Tuesday

Retired B.C. teacher a YouTube Sudoku sensation

A retired Kelowna teacher has amassed quite the following online by teaching the art of solving a Sudoku puzzle.

Stop ‘renovictions,’ B.C. housing task force says

MLAs call for end to strata bans on renting vacant suites

Man caught on camera allegedly trying to defraud ICBC

Auto-insurer warns B.C. drivers to record info after crashes

Girl, 6, lured from elementary school, sexually assaulted: Vancouver police

Police are seeking dashcam footage from nearby Sexsmith Elementary School in South Vancouver

B.C. Liberals call for outside audit of Speaker’s office, NDP refuses

Auditor General implicated in Darryl Plecas accusations of impropriety

Three victims of ex-ski coach Bertrand Charest suing Alpine Canada

The victims are also seeking $150,000 each in punitive damages

Trudeau names four new senators, filling every seat in the Senate

Trudeau has appointed 49 senators since becoming prime minister and will have the chance to appoint more in 2019

B.C. member of parliament takes feds to task on opioid crisis

‘Too many families are tragically losing parents, siblings and children to the opioid crisis.’

Most Read