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

Gitxsan forming cross-sector salmon management team

Nation again declares closure of fishery in territory for 2019

It’s the last day to vote in B.C.’s referendum on electoral reform

Ballots must now be dropped off in person to meet the deadline of 4:30 p.m.

Motorhome explosion in Houston

A motorhome by the Houston Motor Inn had an explosion Sunday, Dec.… Continue reading

Christmas is a comin’

Some of Houston residents are getting the ball rolling for the upcoming… Continue reading

Silverthorne Elementary to remain open, for now

School District 54 pursuing funding for possible school reconfiguration

VIDEO: This B.C. school leads country in vaccine donations to UNICEF

Federally funded Kids Boost Immunity uses quizzes to earn vaccinations

Canada Post backlog, Greyhound exit creating headaches ahead of the holidays

The federal government forced members of the Canadian Union of Postal Workers back to their jobs late last month

Top EU court rules UK can change mind over Brexit

Britain voted in 2016 to leave the 28-nation bloc, triggering a two-year exit process

Boeser scores 3, Pettersson has 5 points as Canucks hammer Blues

Vancouver picks up impressive 6-1 win in St. Louis

B.C. police stop drunk driver who offered up burger instead of ID

Roadblock checks over the weekend found at least two other impaired drivers

In Canada, the term ‘nationalism’ doesn’t seem to have a bad rap. Here’s why

Data suggest that Canadians don’t see the concept of nationalism the way people do in the United States

Earthquake recorded west of Vancouver Island

No injuries or tsunami warning after 5.4 rumble felt off the coast of Victoria

B.C. suspends Chinese portion of Asian forestry trade mission due to Huawei arrest

Huawei’s chief financial officer Meng Wanzhou was detained at the request of U.S. in Vancouver

Canadians spent $1.7 billion dollars online in December 2017

Online retail sales accounted for 3.4 per cent of total retail sales

Most Read