A former soldier has claimed before the High Court that he was told to stand to attention while his sergeant major grabbed his genitals. It was well known within the Army the sergeant major "had these tendencies" but nothing was done by the Army to protect the soldier, it was claimed.
The soldier was warned by the sergeant major that he would be court-martialled and "locked up" in the Curragh if he reported the assaults, it was claimed. It is alleged the assaults happened between 1989 and 1995.
Arising from the alleged assaults, the former soldier claims he suffered serious personal injuries and trauma, that his marriage broke up and that he left the Army.
The soldier has brought an action for damages against the Minister for Defence, Ireland and the Attorney General arising from the assaults allegedly perpetrated against him by Sgt Maj Paddy Devereux, Dún na Rí, Glenabbey Road, Kildare.
Mr Devereux had denied the assaults in separate proceedings brought by the soldier which resulted in a disagreement by a jury, the court was told.
The proceedings, which opened yesterday before Mr Justice Richard Johnson, allege breach of a duty of care by the State defendants to the soldier. It is claimed there was a "complete absence of structures" in the Army which could have been availed of to stop the alleged assaults. It was a case of "put up, shut up and do not say anything", Declan Doyle SC, for the soldier, said.
The defendants deny the claims and also plead the action is brought outside the legal time limits for such proceedings.
Opening the action, Mr Doyle said a pattern of sexual abuse started when his client was told to report to Mr Devereux's office at McKee barracks in 1989 arising from a road traffic accident for which the soldier was convicted of careless driving.
The first incident started when the soldier was called to attention and Mr Devereux grabbed his genitals, Mr Doyle said. When he demurred, he was told to shut up and "stand to attention" or Mr Devereux would have him locked up in the Curragh.
The second event was more serious when Mr Devereux forced the soldier's hand on to Mr Devereux's genitals, Mr Doyle added. Mr Devereux would also expose himself. When the soldier would say stop, he would be told to shut up as nobody would believe a private against a sergeant major.
The hearing continues today.