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

Cram the RCMP cruiser for the Penticton food bank

RCMP cruisers will be at the Real Canadian Superstore parking lot

Open burning permitted again in Kamloops Fire Centre

Low fire rating prompts decision throughout Kamloops Fire Centre

Spirit North funding annoucement now expected any day

Indigenous Services Canada annouces new timeline for funding annoucement

Man with Penticton connection convicted of manslaughter

Shayne McGenn found guilty in apartment killing of David Delaney

Rookie Penticton Vees player Niedermayer following in his father’s skates

One of the newest members of the Penticton Vees has plenty of hockey history

Who’s running in Penticton’s election?

Candidates for the Penticton municipal and school board election

B.C. couple plans sustainable, zero-waste life in the Shuswap

Plan includes building a tiny house before the snow flies

Housing slowdown forecast to cool B.C. economy

Conference Board says pipeline, trade uncertainty affecting investment

B.C. hockey product eyes shot at Olympic spot with China

Fletcher is one of 24 who travelled to Shenzhen, China for the first official Olympic dev camp.

Are you feeling lazy? That’s OK – it’s just science

UBC study shows that humans are hardwired to prefer being sloth-like

LETTER: Who do we blame for the tragedy of Marrisa Shen’s death?

The B.C. girl was killed in a Burnaby park last July

Competition tribunal to hear B.C.-based case on airline food starting in October

The competition commissioner argued Vancouver airport authority had exploited its market position

Seek compromise with U.S. on cannabis at border, lawyers urge Ottawa

U.S. Customs and Border Protection agency sent tremors through Canada’s burgeoning cannabis sector

Most Read