Senior navy officer allegedly sought kiss from junior

A junior Navy officer testified in a court martial in Auckland, describing an alleged off-duty incident involving a senior officer during an overseas deployment in 2023, stating the event “stuck” with him and later caused fear about reporting it.

Alleged Incident During Overseas Deployment

The accused, a senior Navy officer, has pleaded not guilty to one charge of doing an act likely to prejudice service discipline, under the Armed Forces Discipline Act. Name suppression for the accused remains in place.

The junior officer told the court the incident occurred while Navy personnel were socializing off duty at a civilian bar during the 2023 overseas deployment. He stated he saw the accused gesture through a glass window, indicating a kiss, and later motioning for him to come inside and kiss them on the cheek. He said he complied, in the presence of other members of the ship’s company.

“It was a relatively shocking thing to see,” the junior officer said. “That event stuck… and will stick with me.”

The court heard the interaction took place during a social occasion where personnel were in civilian clothing and alcohol was being consumed. The junior officer stated he did not file a complaint at the time and was approached by military police more than a year after the alleged incident.

He initially downplayed the event and did not provide a full account, stating he felt “ambushed” by military police and was at a critical point in his training. “I wanted absolutely nothing to do with what was going on,” he told the court.

Under cross-examination, the junior officer admitted he initially lied but maintained the key sequence of events was clear, despite acknowledging alcohol affected his decision-making. He also testified he feared professional repercussions if he had spoken up sooner, stating, “I’d seen what happened to people when they got on [the accused’s] bad side.”

When re-examined by the Crown, the junior officer said he attempted to rationalize the incident and suppress its impact. “I wanted to cover my tracks and hide under a bush,” he said. “The truth is there was absolutely something wrong with it. I compartmentalised a lot in my head… it’s something I’ve been discussing a lot with my psychologist, and I felt like I justified what had happened.”

Defence Challenges Recollection

The defence challenged the junior officer’s recollection, citing alcohol consumption, the passage of time, and inconsistencies in earlier statements.

Events Leading to the Alleged Incident

The court heard that prior to the alleged incident, officers gathered onboard the ship for drinks in civilian clothing. The accused briefly reprimanded the junior officer for wearing dog tags with civilian clothing, telling him to “sort himself out.” The junior officer removed the dog tags and rejoined the group.

Later, a smaller group of junior officers went ashore to a civilian bar, where they were later joined by a large number of the ship’s company and members of the public.

The junior officer said he had been at the bar for some time before the accused arrived, after which the interaction central to the case occurred.

Before hearing evidence, the judge reminded the military panel of their role to determine the facts based solely on the evidence presented. The panel was told the burden of proof rested with the Crown, and the accused was not required to provide evidence or prove innocence.

Panel members were warned against drawing inferences from the presence of an escort beside the accused, which was described as standard court martial procedure. They were instructed to remain impartial and avoid external research or discussion of the case.

Accused Denies Allegation

The accused testified, telling the court they did not encourage the junior officer to kiss them and that nothing improper occurred. They described the evening as social and relaxed, stating greetings like hugs or kisses on the cheek were common in off-duty settings.

“If he came to kiss me on the cheek, it wouldn’t have been anything out of the ordinary,” the accused said. “It’s what people do, especially when you’re out.”

The accused stated their recollection of the night was “good” and denied the interaction described by the Crown ever took place. They also rejected the suggestion that their conduct negatively impacted discipline aboard the ship, stating, “There was never any doubt as to the state of discipline on the ship.”

Senior Officer Testified to Seeing Nothing Improper

Another senior officer, who was with the accused for most of the evening, testified they did not witness the alleged interaction or anything inappropriate. He stated he and the accused spent most of the night together and that alcohol did not affect his memory of events. He also denied colluding with the accused.

He described the atmosphere as friendly and social, stating hugs or kisses were not unusual in that setting.

Judge William Hastings reminded the military panel that their role was to decide the facts based solely on the evidence presented and that lawyers’ submissions were not evidence.

Next Steps

Both sides are now delivering their closing submissions. Judge Hastings will sum up the case on Tuesday, before the military panel retires to consider its verdict.