Case No. 5700Sexual assault · 25 Jun 2020

Army captain appeals sexual assault conviction over missing CCTV footage

Capt Ross O'Shea, an Army captain, was tried in September 2022 before military judge Col Michael Campion and a court martial board over an incident at a social function at a barracks in Leinster on 25 June 2020. He was convicted by a general court martial on 14 October 2022 of sexually assaulting a female non-commissioned officer and of one assault against the same officer, and dismissal from the Army was ordered as part of the sentence. He is appealing the conviction, arguing that missing CCTV footage deprived him of a possible line of defence. On 11 June 2024 the Court of Appeal heard the appeal, the State argued the footage could add nothing to the established facts, and the court reserved judgment.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court11 Jun
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
  • Capt Ross O'Shea, an Army captain, was convicted by a general court martial of sexually assaulting a female non-commissioned officer (NCO).
  • The victim is described as a female soldier and a female non-commissioned officer in the sources, and her age is not given.
Where
The incident took place at an officers' mess during a social function at a barracks in Leinster, described as a barbecue hosted by the Covid Joint Task Force during lockdown.
When
The offence occurred on 25 June 2020.
Charges
  • He was convicted on 14 October 2022 of sexually assaulting the woman by moving his open palms up and down her back while saying "come on, come on", or words to that effect.
  • He was also convicted of one count of assault against the same officer under Section 2 of the Non-Fatal Offences Against the Person Act, 1997.
In court
  • He was tried in September 2022 before military judge Col Michael Campion and a court martial board.
  • The prosecution said the area of contention is vanishingly tiny, and on 11 June 2024 the Court of Appeal reserved judgment.
Cause
His appeal argues that missing CCTV footage deprived him of a possible line of defence, and his counsel told the Court of Appeal that both charges are the subject of the appeal.
Investigation
The CCTV footage no longer existed by the time he came to court, and the State argued it could not add anything to the established facts.
Sentence
The facts give that his dismissal from the Army was ordered as part of the sentence, while also stating that he remains a serving member of the Army pending appeal.
15 statements extracted from the articles
  • whatAn Army captain appealed his conviction for sexually assaulting a female soldier. (irishtimes.com)
  • whereThe social function took place at a barracks in Leinster. (irishtimes.com)
  • whereThe offences occurred at a barbecue hosted by the Covid Joint Task Force during lockdown. (irishtimes.com)
  • whenThe offence occurred on 25 June 2020. (irishtimes.com)
  • causeThe appeal argues that missing CCTV footage deprived him of a line of defence. (irishtimes.com)
  • investigationThe footage no longer existed by the time he came to court. (irishtimes.com)
  • chargeHe was convicted on 14 October 2022 of sexually assaulting the woman by moving his open palms up and down her back. (irishtimes.com)
  • chargeHe was also found guilty of one charge of assault against the same officer under Section 2 of the Non-Fatal Offences Against the Person Act, 1997. (irishtimes.com)
  • courtA general court martial found him guilty in October 2022 of sexually assaulting a female non-commissioned officer. (irishtimes.com)
  • courtHis counsel told the Court of Appeal that the two charges are the subject of the appeal. (irishtimes.com)
  • courtThe State argued that CCTV footage could not add anything to the established facts. (irishtimes.com)
  • courtThe prosecution said the area of contention was vanishingly tiny. (irishtimes.com)
  • courtThe Court of Appeal reserved judgment. (irishtimes.com)
  • sentenceHis dismissal from the Army was ordered as part of the sentence. (irishtimes.com)
  • otherHe remains a serving member of the Army pending appeal. (irishtimes.com)

The reporting

newest first
  1. 11 Jun2024
    Army captain appealing sex assault conviction argues missing footage robbed him of potential defence

    Reports the Court of Appeal hearing of Capt Ross O’Shea’s appeal against his conviction for sexual assault and assault. It adds the appeal argument about missing CCTV footage, the State’s response, and that judgment was reserved.

    convicted, Ross O'Shea, male, named, irish (judged from name)Ross O'Sheavictim, female