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Regiment CO is to review sex trial file

The Bermuda Regiment's commanding officer is set to review the trial of a senior soldier who was cleared of sexual assault charges against a subordinate, The Royal Gazette can reveal.

While senior Regiment officers have predicted that both the senior soldier and his accuser will return to active duty, Regiment Commanding Officer Lt. Col. David Gibbons will review the case before deciding what course the Regiment will take, said Regiment Adjutant Capt. William White.

The senior Regiment soldier was charged with sexually assaulting a male corporal under his command, sometime in January 2000.

Defence lawyer Mark Pettingill filed for a no case submission in mid-July, calling the complainant's testimony "inconsistent".

Magistrate Edward King agreed and said the senior soldier had no case to answer.

Capt. White said: "The soldier (complainant) is still in the Regiment. The CO needs to review the court case and determine the count now that that's all been done."

He said the court case affected morale in the small army, which numbers approximately 566 personnel on active duty and 700 on semi-active duty called Holding Company.

"With Regiment personnel going to court, there's obvious negative implications," he said.

When asked why this case landed in civilian court, as opposed to a military court, Capt. White said: "In this particular case, if the charge was filed through the Regiment it would have gone through the military system - a court martial.

"But the soldier filed it through the Police."