Uniform Justice: outrage as able seaman told to ‘soldier on’ after drunken bum slaps on woman

A Navy sailor who got drunk and ‘persistently’ smacked a subordinate on her buttocks one night on board the ship was been told to ‘soldier on, dust yourself off and be a valuable member of the ADF’.

Able seaman Bailey Holloway has been sent to military detention for 30 days after he was convicted of three counts of assault.

A Navy sailor proudly posted on Facebook his “sharing on the ship award” — a mock salute to sleeping with the same woman as one of his fellow crew members.

The behaviour landed able seaman Bailey Holloway in hot water with the Royal Australian Navy, which marked his file with an “adverse administrative action”, but that didn’t stop the 22-year-old’s drunken antics on board HMAS Brisbane.

This week a defence magistrate sentenced him to 30 days’ detention after he got drunk and “persistently” smacked a subordinate on her buttocks one night while on a three-month operation on board the ship.

Holloway admitted slapping the woman, who was inferior in rank, on the buttocks four times, during a night of partying in the mess hall in October 2021, pleading guilty to three counts of assault.

While magistrate Michael Cowen QC told Holloway his guilty pleas were the only thing that saved him from permanent dismissal from the Australian Defence Force, he noted the incident was a “bump in the road”. Mr Cowen told the able seaman, who came from a proud navy family, that he needed to “soldier on, dust yourself off and be a valuable member of the ADF”.

Able seaman Bailey Holloway has been sent to military detention at the Holsworthy Barracks for 30 days after he was convicted of three counts of assault. The victim does not appear next to Holloway in this photo.

While the woman said the incident left her feeling “humiliated and vulnerable”, Holloway’s legal representative said the able seaman’s conduct had brought great shame to his client and his family, and that he was highly embarrassed after he was kicked off the boat and sent back to Australia following the assaults.

His lawyer also argued that while Holloway held the rank of able seaman, he was also a missile system supervisor — a job which is understaffed in the navy — asking the magistrate to take that into account on sentencing.

“His skills have the ­potential to make a real ­impact on Australia’s national interests,” Holloway’s lawyer said.

“This is someone who is going to be highly ­accountable for his actions going forward.

“No doubt the circumstances that took place had a profound impact on him – he was emotional, upset and cried at the news he was being sent home from Japan.”

The lawyer pointed out there was “no premeditation, no cunning plan”. “This started out as carousing … it was good-hearted enjoyment and at some point he crossed the line,” he argued.

The comments have been slammed by advocates for ­victims of sexual abuse and assault in the ADF.

Deb Morris, a military ­researcher and survivor of military sexual trauma who spoke earlier this year about her own experiences and the way the ADF handled her complaints, said Defence needed to do better.

“It is a story we hear over and over again. The alleged perpetrator is protected by Defence because their role is understaffed in the ADF,” Ms Morris said

“The behaviour of the ­alleged perpetrator is excused because it is deemed ‘out of character’.

“I find it troubling that many of the alleged perpetrators serving in the ADF are apparently of the highest character.

Former Navy trainee Deborah Morris says the ADF culture needs to change. Picture: Tara Croser

“Why are alleged perpetrators continuously supported by the institution at the ­expense of a woman’s safety?

“These types of institutional excuses which condone myths about sexual assault do nothing to change the culture of the ADF or ensure a safe work ­environment for all employees — especially women.”

Former army officer turned lawyer Glenn Kolomeitz said: “The systemic ­failings and major cultural problem in the Navy are ­evidenced by the fact the ­defendant was dealt with administratively over the ‘sharing on the ship award’ incident but was then able to elevate his conduct to the assault of a female subordinate.

“If the high-fiving award on board was condoned by the chain of command, is it any wonder the administrative slap on the wrist failed to deter the subsequent behaviour towards a woman?

“Can we now expect to see the Navy leadership sanctioned? I wouldn’t hold my breath waiting.”

Human rights law advocate Kay Danes said that in any other workplace ­incidences of assault would be reported immediately to the police for investigation.

“The ADF, however, appears all too frequently able to sidestep even the most basic societal human rights that should accord fundamental protections in the workplace for Defence members, arguably those who remain members of the human race though deemed mere servants of the Crown,” she said.

ADF urges victims to come forward

On the same day able seaman Bailey Holloway was being sentenced in a Sydney Military Court for assaulting a female crew members, the Australian Defence Force confirmed it would take all allegations of sexual misconduct “very seriously”.

“There is no place for sexual misconduct in Defence. Incidents of sexual misconduct do not align with Defence values,” it said in a statement.

“Defence acknowledges our previous failures to adequately handle sexual misconduct incidents. Defence is committed to doing better,” the statement said.

“Since 2012, Defence has established several pathways to address both current and historic sexual misconduct complaints.

“Defence has established systems, training and processes to educate our people and seek to prevent sexual misconduct. Defence maintains a victim-centric, trauma-informed approach to support individuals to report sexual misconduct.

The ADF has encouraged personnel who have experienced sexual misconduct to come forward.

“Defence continually reviews its policies and processes to minimise the risk of incidents and maintain a trauma‑informed approach to managing sexual misconduct.”

The statement, published on its website without referencing a particular case, said any ADF member who experiences sexual misconduct is strongly encouraged and supported to report the incident.

“Victims who wish to report an incident have a range of options, including direct engagement with State or Territory Police, or the Australian Federal Police, independent of Defence. Victims can also choose to report to Defence through the military police, or their chain of command.”

The Sunday Telegraph’s Uniform Justice campaign has shared the stories of a dozen sexual assault victims whove joined lawyers and experts in calling for the abolishment of internal ADF reporting, investigation and ruling on all assault complaints.

The former Liberal Government, and the existing Labour Federal Government have so far refused to comment on the call for change.

Grace Tosic, military sexual trauma case manager at GAP Veteran and Legal Services in Canberra, said: “The tired old lines in this statement by Defence admits Defence has failed victims of sexual offences but is still in denial about the prevalence of sexual offences in the ADF”.

“The Sexual Misconduct Prevention and Reporting Office neither prevents nor appropriately reports sex offending. One only need look at the military trial lists to see how prevalent sexual-based offences still are.”

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