Soldier dismissed for indecent assault
05 April 2005
Drunken ramblings through a women's barracks and an indecent assault have led to six months' detention and dismissal from the army for a young soldier.
Private Shannon Haimona Goldsmith, 20, faced a court-martial at Linton Camp yesterday over a series of incidents at Waiouru on June 11, 2004.
Initially, he faced seven charges, but two were withdrawn at the request of prosecutor Captain Matt Harding.
Goldsmith pleaded guilty to one charge of indecent assault, three of failure to comply with written orders (that male personnel stay out of the women's barracks) and one of drunkenness.
Captain Harding read into the court record an agreed statement of fact in which Goldsmith admitted climbing into bed with three sleeping women, one of whom he touched indecently, grabbing her breasts and kissing her "on and in the mouth".
The woman, then aged 18, woke and told him to get out. He stumbled from the room, calling her a "slut", a "skank" and a "ho" before collapsing in the corridor and going to sleep.
The woman used her cellphone to take his photograph to use as evidence. Goldsmith woke the next morning in his own bed, claiming to have little memory of what had happened.
Captain Harding said that, on "payday Thursday", Goldsmith went drinking with friends after dinner and returned to his barracks drunk. In the early hours, he entered the women's barracks, where four soldiers shared each room and committed the offences.
The woman he admitted indecently touching made a victim impact statement in which she said that since the assault her self-confidence had been shattered. She was finding it difficult to relate to people and was seriously considering resigning from the service.
In arguing for a prison sentence, Captain Harding said Goldsmith's actions should not be dismissed as the drunken antics of a young man, or a case of "boys will be boys".
"It is far more serious than that," he said. "He admits he was drunk, but only one person was responsible for that - the person who put the alcohol to his lips. Himself.
"His drunken state was no excuse. It might explain his actions, but it does not condone them."
Goldsmith had gone from one room to another, looking for what he saw as "pussy", Captain Harding said.
He entered rooms where "young soldiers, our soldiers, were sleeping". The women were treated as faceless objects, and Goldsmith had made no secret of the contempt in which he held them, calling them slut, skank or ho.
"There is no longer any place for you in the service in New Zealand," he told the defendant.
Duncan Harvey, representing Goldsmith, said the actions had been completely out of character for his client.
"Whilst alcohol was not a mitigating factor, it does explain what happened," he said.
Goldsmith had not set out stone-cold sober to do what he had done. That would have added an entirely different matter.
Instead, there was evidence that Goldsmith was stumbling about and falling over.
He had got out of the women's beds when asked to do so.
Whatever he did that night, and as frightening as it was to the girls, there was no suggestion of violence, Mr Harvey said.
Dismissal from the service would take away a career from a 20 year old who had performed his military duties well, but had few other qualifications.
Mr Harvey suggested the Army had a degree of responsibility for Goldsmith. It had accepted a young man with a drinking problem that had earned him civilian convictions, and placed him in an environment where alcohol was abundant.
The Judge advocate was John Rowan QC and the president of the military panel was Major Anthony Blythen.
http://www.stuff.co.nz/stuff/0,2106,3238377a11,00.html
05 April 2005
Drunken ramblings through a women's barracks and an indecent assault have led to six months' detention and dismissal from the army for a young soldier.
Private Shannon Haimona Goldsmith, 20, faced a court-martial at Linton Camp yesterday over a series of incidents at Waiouru on June 11, 2004.
Initially, he faced seven charges, but two were withdrawn at the request of prosecutor Captain Matt Harding.
Goldsmith pleaded guilty to one charge of indecent assault, three of failure to comply with written orders (that male personnel stay out of the women's barracks) and one of drunkenness.
Captain Harding read into the court record an agreed statement of fact in which Goldsmith admitted climbing into bed with three sleeping women, one of whom he touched indecently, grabbing her breasts and kissing her "on and in the mouth".
The woman, then aged 18, woke and told him to get out. He stumbled from the room, calling her a "slut", a "skank" and a "ho" before collapsing in the corridor and going to sleep.
The woman used her cellphone to take his photograph to use as evidence. Goldsmith woke the next morning in his own bed, claiming to have little memory of what had happened.
Captain Harding said that, on "payday Thursday", Goldsmith went drinking with friends after dinner and returned to his barracks drunk. In the early hours, he entered the women's barracks, where four soldiers shared each room and committed the offences.
The woman he admitted indecently touching made a victim impact statement in which she said that since the assault her self-confidence had been shattered. She was finding it difficult to relate to people and was seriously considering resigning from the service.
In arguing for a prison sentence, Captain Harding said Goldsmith's actions should not be dismissed as the drunken antics of a young man, or a case of "boys will be boys".
"It is far more serious than that," he said. "He admits he was drunk, but only one person was responsible for that - the person who put the alcohol to his lips. Himself.
"His drunken state was no excuse. It might explain his actions, but it does not condone them."
Goldsmith had gone from one room to another, looking for what he saw as "pussy", Captain Harding said.
He entered rooms where "young soldiers, our soldiers, were sleeping". The women were treated as faceless objects, and Goldsmith had made no secret of the contempt in which he held them, calling them slut, skank or ho.
"There is no longer any place for you in the service in New Zealand," he told the defendant.
Duncan Harvey, representing Goldsmith, said the actions had been completely out of character for his client.
"Whilst alcohol was not a mitigating factor, it does explain what happened," he said.
Goldsmith had not set out stone-cold sober to do what he had done. That would have added an entirely different matter.
Instead, there was evidence that Goldsmith was stumbling about and falling over.
He had got out of the women's beds when asked to do so.
Whatever he did that night, and as frightening as it was to the girls, there was no suggestion of violence, Mr Harvey said.
Dismissal from the service would take away a career from a 20 year old who had performed his military duties well, but had few other qualifications.
Mr Harvey suggested the Army had a degree of responsibility for Goldsmith. It had accepted a young man with a drinking problem that had earned him civilian convictions, and placed him in an environment where alcohol was abundant.
The Judge advocate was John Rowan QC and the president of the military panel was Major Anthony Blythen.
http://www.stuff.co.nz/stuff/0,2106,3238377a11,00.html