Defence Forces sex assault victim ‘absolutely’ not subjected to attempts to deter formal complaint

A sexual assault victim in the Defence Forces was “absolutely” not subjected to attempts to deter him from making a formal complaint about it, the senior military police officer who dealt with the case has told a tribunal.

The tribunal is examining the effectiveness of the complaints processes and the culture within the Defence Forces in relation to complaints of abuse.

It heard last week from Sgt Noel Brennan, who was sexually assaulted by former Defence Forces chaplain Fr David Tyndall in 2015 at Cathal Brugha Barracks. Tyndall was later convicted following a Garda investigation.

Six years after the assault, Brennan sought to make a formal complaint to the military police, but was offered mediation and internal complaints process routes in a manner that he considered an attempt to deter him from making a formal complaint, he said.

Capt Mark Doyle, assistant provost marshal of the Military Police Corps at Casement Aerodrome at the time, denied that there had been an attempt to deter Brennan from making a complaint.

“I can see his logic, but there is absolutely no deterrence or pressure on the complainant,” Doyle said. “It is completely on their own back what they decide to do with the complaint or investigation.”

The tribunal had previously heard that Doyle had entered a room in the middle of Brennan making a statement detailing the assault, after an “abrupt knock” on the door, and asked him whether it would be “a consideration” for Brennan to choose the internal complaints mechanism or mediation. He declined.

Doyle told the tribunal he had entered the room to introduce and identify himself and the signatory officer in the investigation.

He said it was part of his role to explain to victims the options they have, “so they don’t feel backed into any corner, or feel pressurised into anything that don’t want to do”.

He was aware that the options had already been explained to Brennan during a preliminary meeting with another staff member, but told the tribunal it was his role to do so again.

“The military police do not deter, pressurise or anything like that in any case, regardless of severity. We provide options,” he said.

Doyle defended the decision to interrupt the recording of the statement to introduce himself as “absolutely” appropriate, and noted it was normal for him to do so.

“I only have one regret, the phrasing of one question,” Doyle said. He had asked the victim what he wanted from making the complaint, to which Brennan had said he wanted “justice”.

Doyle said it amounted to “poor phrasing”, and attributed the manner in which he asked the quesion to “inexperience”.

Doyle spent just eight months as assistant provost marshal before being deployed overseas, holding the responsibility in addition to being a pilot.

Sgt Cathal Boyle, described as an “experienced” investigator, rejected the assertion from the victim’s counsel that he was “repeatedly” presented with options other than formally reporting the crime.

Boyle said he had told Brennan he was unsure whether internal mechanisms were appropriate, given the subject of the complaint was a chaplain rather than a regular member of the Defence Forces, and that both he and Doyle had informed the complainant of this.

The matter was later referred to the Garda, and Tyndall was convicted of the 2015 assault at Dublin District Court in 2023.

An application set to be made by the Women of Honour victims’ group for greater access to documentation, and for full legal representation, has been adjourned to Thursday.