Ex-sergeant employed by Rehab’s National Learning Network until conviction over his drunken assaults
Richard Muldarry (44) – who was convicted of 10 different offences including three charges of sexual assault involving two victims, one male and one female, by a military court – was employed with the NLN in Mullingar, Co. Westmeath from September of 2022.
The National Learning Network provides personalised education and training to people with disabilities or those requiring additional supports.
Muldarry – whose offences included exposing his genitalia in front of his female victim, simulating a sexual act in front of another soldier and presenting his buttock in the direction of another colleague – was employed by the NLN as an ‘instructional facilitator.’
In a statement issued to the Sunday World this week, a spokesperson for Rehab said there had been no complaints made against Mr. Muldarry during his time working with the NLN.
The spokesperson also said he had been fully vetted prior to taking up employment with the service.
“At the time of the individual’s employment, Rehab Group conducted all necessary Garda vetting and background checks in full compliance with legal requirements,” she said.
“During the individual’s employment, no issues were raised concerning his conduct or performance by students or management.
“At Rehab, we are committed to actively safeguarding the welfare and protection of vulnerable adults who access our services and following policies and procedures that align with the HSE National Safeguarding Policy.
“As this individual no longer works for Rehab and the matter has been resolved through the courts, we have no further comment.”
Sgt. Richard Muldarry from Mullingar Pic Steve Humphreys
Appearing before a military court for sentencing this week, former sergeant, Muldarry (44) from Mullingar, Co Westmeath, was sentenced to five days detention in the Curragh Camp for disorderly behaviour as a result of being drunk contrary to Section 142 of the Defence Act 1954 on the same occasion.
Military judge, Colonel Michael Campion, also sentencing him to suspended six months sentences on the charges of sexual assault, fined the defendant a total of €5,100 and issued him with three severe reprimands and three reprimands.
Col Campion observed that Muldarry would have been demoted to the rank of private and been discharged from the Defence Forces as punishment if he was still a serving member.
The former NCO – who was a leading figure in the LGBTQ support network within the Defence Forces, Defend with Pride, during his military career – was found guilty of seven charges at a limited court martial last April following a two-week trial after earlier pleading guilty to three other offences.
They included exposing his genitalia after pulling down his underpants in front of his female victim, simulating a sexual act in front of another soldier and presenting his buttock in the direction of another colleague.
Col Campion described the events of the night as “an episode of disorderly conduct fuelled by excessive alcohol lasting over three hours.”
All the offences took place between 2am and 5.30am on November 13, 2021, at an overseas military base at a time when the defendant had been the victim of an alleged assault following a drunken row with a close friend.
The location of the military base cannot be published as a result of extensive reporting restrictions imposed by Col Campion on foot of an application by the Director of Military Prosecutions.
The defendant was found guilty of sexually assaulting a female colleague who had come to his assistance by placing his hands on her leg, without her consent, and moving them up her thigh.
A short time later, he sexually assaulted the same victim again when he placed his hand on the inside of her leg and moved it towards her groin.
The former soldier also sexually assaulted a male colleague when he placed his arms around him in a hugging gesture which caused the victim to apprehend that the accused was attempting to kiss him.
The court martial heard Sgt Muldarry had sounded “like a broken record” as he repeatedly remarked to several colleagues including both sexual assault victims: “Just one time at band camp” – a sexual reference from a line in the movie, American Pie.
Defence counsel, Kathleen Leader SC, had argued he was entitled to a “special verdict” of guilty by reason of insanity as it was likely he had suffered concussion from blows to his face during the row and was not responsible for his actions.
At a sentencing hearing at McKee Barracks on Tuesday, Col Campion said aggravating factors in the case included the fact that the defendant was an experienced NCO with 22 years of military service and the fact that his conduct involved 14 members of his unit on the night.
The judge said a common thread in Sgt Muldarry’s behaviour was “inappropriate sexualised behaviour” following excessive consumption of alcohol.
“His legacy of good service over many years has been undermined by significant misconduct,” he added.
He also noted that Sgt Muldarry had shown remorse and apologised for his conduct.
The court martial heard he also worked as a volunteer with Samaritans Ireland and had provided foster care services.
Sgt Muldarry, who is currently unemployed but in receipt of a monthly military pension of €1,600, was accompanied by his husband, Levino de Oliveira.
The court martial heard the convictions would have serious and life-long consequences for him including that he could not foster children again.
Col Campion said sexual assault was a most serious offence for which there was “zero tolerance” within the Defence Forces and which had an extended impact on the defendant’s victims.
Sentencing Sgt Muldarry to six months detention on each of the three sexual assault charges, Col Campion suspended the sentences for a period of 12 months but ordered him to be detained for five days for being drunk.
He also imposed fines for all ten offences ranging from €200 to €1,250 and totalling €5,100 which he ordered should be paid by October 31.
