A New Zealand Army lieutenant colonel had his rank reduced to major and was severely reprimanded today for indecently assaulting a female officer while she was involved in a training course on which he was an instructor.
Interim name suppression was declined at a court martial at TrenthamArmy Camp today. The officer is Allan David Kinsella.
He was found guilty of the charge yesterday .
He had been found not guilty of a second charge of behaving in a disgraceful and indecent manner, brought under the Armed Forces Discipline Act.
That charge related to an allegation he had been masturbating in the woman's room.
The tribunal that heard the charges today ordered Kinsella's rank and seniority be reduced retrospectively from February 26, 2004 - essentially wiping his credit for the last five years of service in the army.
At the court martial this week, the woman said the pair had been drinking together at an officers mess on the night of March 23, 2007 .
She claimed the officer later had gone to her room uninvited and tried to force himself on her.
After resisting his advance she said he became distraught and sobbed with his head in his hands.
She got up to open a window and when she turned back to face the man he had removed his trousers and was masturbating, she said.
Kinsella's counsel Tom Gilbert yesterday argued it would have been impossible for the man to have gone from sobbing to having taken his pants off and becoming aroused during the few seconds her back was turned.
He said the officer, who was married at the time, had admitted the two kissed and that he had made a mistake in going to her room, but he maintained that what took place was consensual and when the woman said no he had stopped.
Mr Gilbert said the woman had motive to make up a story as her fiance, who was a close friend of the accused, was likely to hear of her infidelity.
