Defence Forces Tribunal: sexual assault victim ‘medically downgraded’ after complaint

A victim of sexual assault was “medically downgraded” by the Defences Forces after making a formal complaint, a tribunal investigating how complaints of abuse were dealt with by the organisation heard on Friday.

Sgt Noel Brennan was sexually assaulted by former Defence Forces chaplain Fr David Tyndall, who was convicted of the 2015 assault at Dublin District Court in 2023 and received a three-month suspended sentence.

The former soldier gave testimony to the tribunal about the assault, noting he considered his attacker “a friend” at the time and sought advice with a “family matter”.

He met the chaplain at his residence in the barracks and the two hugged, during which Tyndall “nestled his head” into Brennan’s neck, smelling his neck in a manner which made him uncomfortable.

In the residence, the two discussed the issue, the annulment of his marriage. Brennan was told the “easiest way to get this help was to say I was gay and he would help me with the process”, he told the tribunal.

Brennan told the tribunal that the chaplain, who officiated at his wedding to his former wife, said “me and him were meant to be together sexually”.

When Brennan attempted to leave, Tyndall blocked his exit, and “grabbed” him, with a “crazy look in his eyes” and “froth in his mouth”.

As the chaplain was “viewed as an officer”, Brennan said his attacker “put a fear into me”, and he was concerned he may face “retribution” over the incident due to the chaplain’s importance in the force. He returned to sit at the sofa.

“He jumped on me on the sofa,” Brennan said, put his hand on his “inner groin”, “kissed me on the neck” and attempted to remove his clothes, before Brennan managed to escape.

Brennan was worried that making a complaint might affect his career and so did not file a complaint with the Military Police until 2021.

“I wanted the priest to be held accountable for his actions,” he told the tribunal, and had sought to make a formal complaint instead of using internal complaint processes, despite what he considers an attempt to deter him from making a formal complaint.

It was later decided that the chaplain was not subject to military law and the matter should be referred to An Garda Síochána.

Following the complaint being made, Brennan was prescribed medication by a medical professional who he later discovered “medically downgraded me without my knowledge”.

Ian Byrne, who was the provost marshal of the Military Police during the period that Brennan made the report, also gave evidence to the tribunal.

Byrne said when he was made aware of the nature of the complaint and whom it was made against, on Friday May 21st, 2021, he realised the military justice system “wouldn’t satisfy this particular case”.

He directed that no further investigation would be carried out and that the matter be handed over to the Garda, with the victim encouraged to make contact with the force himself.

He said he was satisfied that the correct processes were carried out.

The Defence Forces Tribunal, presided over by Judge Ann Power, is charged with investigating how the organisation handled complaints of sexual harassment and bullying, as well as the culture surrounding these complaints.

It was established in response to concerns raised by a 2021 RTÉ Radio documentary, Women of Honour.