Gonsalves says Regiment incident is only now classed as sexual assault
Questions have been raised as to whether the Bermuda Regiment properly handled a soldier-on-soldier assault after it was described in court this week as an attempted knifepoint rape.Regiment commanding officer (CO) Brian Gonsalves told a Supreme Court hearing that a private who attacked another man of the same rank during a hurricane relief trip to Grenada in 2005 was disciplined internally.The soldier served less than 60 days in military jail for an assault which Eugene Johnston, representing Bermudians Against the Draft (BAD), described in court on Monday as “the knife to the neck, the attempted rape”.A defendant convicted of an offence of attempted serious sexual assault in a civilian court of law in Bermuda could face up to 15 years in prison.Shadow National Security Minister Michael Dunkley suggested yesterday a review of the Regiment’s handling of the case and its ability to deal with such serious allegations internally was needed.“It’s something that needs to be followed up,” he said. “[This was dealt with] through a system of justice that is outside the norm. How was it [the case] even heard? Was it fair?“It does raise questions and I think that there needs to be a further review of the events that took place and if they were dealt with in a fitting and proper fashion.”Lieutenant Colonel Edward Lamb, CO in 2005, said yesterday the term “attempted rape” was not consistent with how the complainant described the incident at the time [see story on page 1].Back then, Lt Col Lamb stated publicly that the assault was “relatively minor”.The Royal Gazette asked the Regiment about the Grenada incident in September 2009, after public relations officer Major George Jones said no substantiated allegations of sexual misconduct had been made by soldiers since 2002.We asked specifically if the incident in Grenada was one of a sexual nature but Major Jones would not comment.“The CO at the time already provided The Royal Gazette with an interview as to that matter,” he said.Last night, Lieutenant Colonel Gonsalves said the assault had only recently been classified as sexual assault “as part of the Regiment’s commitment and focus on addressing and preventing future incidents”.He said: “The incident occurred between two private soldiers. The assailant used a small knife during the assault but no injuries were incurred as the defendant broke free before any wounds could be inflicted.“During the altercation there was some inappropriate and unsolicited physical contact, including the victim’s groin area being grabbed. However, at that time, it was not considered to be attempted rape.”He said Lt Col Lamb conferred with a Grenadian police liaison officer who suggested the Regiment deal with the matter internally.“The assailant was seen by the then CO and was found guilty on two charges, one of lying about the incident and the second for assaulting the soldier,” he added.“When originally drafted, the Defence Act 1965 did not contemplate, and therefore does not include, any other derivative other than assault.“The punishment awarded was 28 days camp detention on each conviction, in accordance with the limited powers and penalties authorised by the Defence Act. Part of the sentence was served in Grenada, then later completed in Bermuda.”He said on returning to the Island the then CO discharged the victim from the Regiment.Lt Col Gonsalves said the Regiment had no authority to retroactively charge a discharged soldier and Government had not amended the Defence Act to include sexual assault.“Individuals who believe they were victims of sexual assault still have the ability to seek the assistance of, and file charges against, their alleged assailant(s) with the Bermuda Police Service, who do have the appropriate authority under law to investigate and, where appropriate, prosecute such matters,” he wrote in an e-mail.Governor Sir Richard Gozney said: “I should not give a view on an event which took place over two years before I arrived and became Commander-in-chief of the Regiment.“But I do believe that had my predecessor not been satisfied with the way in which the Regiment handled the case he would have intervened.“I believe that had my predecessor believed in 2005 that the Regiment was acting beyond its legal remit he would have taken action.”National Security Minister David Burch declined to comment.