Naval Service instructor (56) who bent recruit over and slapped her repeatedly on buttocks walks free from court• Yesterday 15:37

A Naval Service instructor who bent a female recruit over, slapped her repeatedly on the buttocks and winked and said she was fortunate it wasn’t 15 years earlier walked free from court after being handed a probation bond.

Derek Nagle (56) appeared before Cork District Court for sentencing, having been convicted on a single count of sexual assault in relation to an incident at Haulbowline Naval Base in Cork last year.

Nagle, who was a 37-year veteran with a previously unblemished record, has since resigned from the Naval Service.

Judge Marian O’Leary imposed a 12-month probation bond in the sum of €300 after reading specialist reports on Nagle, including a Probation and Welfare Service (PWS) assessment.

Defence counsel Ronan Barnes BL told the court the report was very favourable to his client.

Judge O’Leary said she was accepting the report and imposed the bond. This will require the defendant to remain under the supervision of the PWS for the specified period.

The judge was told that Nagle, of Kilmona, Grenagh, Co Cork, has apologised to recruit Seana O’Connor, offered to pay compensation and, if that was refused, was willing to make a payment to a charity of her choice.

Ms O’Connor waived her right to anonymity and, in a victim impact statement, said the incident had left her “broken”.

The court was previously given an outline of the incident by Inspector Anne-Marie Guiney.

She said the incident happened at lunchtime on March 1 last year in a transit room at the navy base and in front of a number of witnesses.

Ms O’Connor was in the room, which is also known as the billets room and is used as male recruit accommodation.

“She was sitting on another male recruit’s bed, chatting, when Leading Seaman Derek Nagle came in. He shouted at her, ‘What the f**k are you doing in here? She said she was sorry, she was just getting something,” Insp Guiney said.

“Officer Nagle sat on the bed beside her and began pulling her right arm back and forth while gripping her [uniform] shirt. He put his right hand behind her back and pushed her forward. He put his other hand on the back of her neck pushing her further forward so that her face was towards the floor.”

Insp Guiney said that the recruit was forced into a half-standing, half-bent position, with her bottom lifted off the bed where she had been seated.

“Officer Nagle then proceeded to slap her across the left-hand side of her buttocks forcefully and said to her, ‘I thought you like it rough, O’Connor.’ He repeated this a few times,” she said.

“After the slap, she fell to her knees. She then saw him pick up a bottle of water and believed he was going to throw it over her. She grabbed it off him and said, ‘F**k off, that’s enough now’.

“As she was fixing her uniform, he [Officer Nagle] winked at her and said, ‘You’re lucky it wasn’t 14 or 15 years ago’. That day she reported the matter to a superior officer.”

On receipt of the complaint, the Military Police were assigned to investigate the incident.

“A number of other naval recruits were present in the room and they witnessed the incident,” Insp Guiney said.

Judge O’Leary heard, in a victim impact statement, that while the Naval Service had provided extensive support, Ms O’Connor felt “broken inside” by the incident.

She previously read out the victim impact statement to the court.

“I should be happy with the outcome of this, but in all honesty, this man has broken me. We all have been through situations in our lives that try and test us and we move on and remain strong, but there’s only so much one person can take,” she said.

“After the incident happened, I got up every day, put a face on, finished my branch training, passed my courses, moved on to the ship and had some amazing trips, but inside I was breaking and still am.

“Every night for three to four weeks I had extreme nightmares, breakdowns and having to go to counselling service, which the Irish Naval Service provides. I couldn’t thank them enough.

“But even with all of that, I smiled every day, got on with my work and showed everyone that I was OK, and in actual fact I’m not. A year on and I still would have nightmares. I know 10 times worse could have happened to me – I do get that – but it shouldn’t have happened in the first place.”

Judge O’Leary was told Nagle has apologised for the incident, which he deeply regrets.

He joined the Naval Service in his teens and, until the incident, had 37 years of an unblemished record.

Lawyer Mr Barnes said the incident was totally out of character.

“He [Nagle] gave 37 years of service to the State. He has absolutely nothing remotely like this [on his record]. His position became untenable and he has resigned from the Naval Service,” he said.

“He was an instructor and it was not appropriate for him to direct physical training. He was interviewed and answered everything that was asked of him. Initially, he was not able to accept there was an indecent element [to the assault]. He now accepts the injured party’s account entirely.”

Mr Barnes said his client apologised to Ms O’Connor for what happened and deeply regretted the incident.

“It is a horrible thing to have happened,” he said. “It should not have happened. He cannot give me any explanation. It seems to be an aberration after 37 years of service to the State.”