ADF member Shadi Kantibye denies indecent assault allegations

A soldier at the centre of groping allegations at the Australian Defence Force Bandiana barracks has denied even being in the same room as the alleged victim at the time in question.

A soldier at the centre of groping allegations at the Australian Defence Force Bandiana barracks in Albury-Wodonga has denied even being in the same room as the alleged victim at the time in question.

Private Shadi Kantibye appeared in the Defence Force Magistrate’s Court on Tuesday for day two of his trial after he pleaded not guilty to one count of indecent assault on Monday.

The complainant told the court earlier she heard a drunk Private Kantibye banging on the doors of a her room at Bandiana in the early hours of February 23, 2020, before she let him in.

The woman said she was lying on her bed with Private Kantibye when he allegedly began touching her genitals and licked her face despite the fact she said “no, stop it, no”.

Private Shadi Kantibar faces Defence Force Magistrate's Court over an alleged groping incident. Picture: Julia Kanapathippillai

On Tuesday, the complainant said she had consensual sex with Private Kantibye earlier on the night of February 22 before the alleged incident occurred.

Defending officer Major David Healey told the court it was a case of mistaken identity and Private Kantibye was not in the room when the alleged incident happened.

He asked the woman why Private Kantibye was confused when she confronted him about the alleged groping incident.

“We had consensual sex (that night) then he came back drunk and touched me non consensually,” she said.

“I understand that he might have been confused.”

Major Healy asked the woman if it was possible the person knocking at her door could have been a second man she had kissed earlier that night.

“I put it to you that you convinced yourself Kantibye came into your room,” Major Healey said.

When asked how intoxicated she was the complainant said she was “tipsy” and was still groggy from drinking alcohol at the time of the alleged incident.

The court also heard from two prosecution witnesses, Private Adam Meek and Alexander Flori, a former ADF member who was a private at the time of the alleged incident.

Private Meek told the court he had raised the alleged incident with someone superior after the woman confided in him about the alleged assault on a bike ride.

He then told Mr Flori who organised a meeting with the woman and Private Kantibye to hear both sides of the story.

In court, Defending Officer Wing Comander Steve Whybrow referred to Mr Flori’s statement which said ‘he was friendly with Kantibye in passing but decided to not become close friends after witnessing him making homophobic comments’.

Wing Commander Whybrow asked Mr Flori if he had a prejudice against the defendant.

“People are raised in different ways but I don’t hold it against him,” Mr Flori said.

“I’m not a person to hold a grudge.”

Mr Flori said he left the meeting angrily after a verbal altercation with Private Kantibye.

Wing Commander Whybrow asked why Mr Flori went to service police without the complainant’s knowledge and despite her wishes not take the issue further.

“I made sure all options were available to the complainant,” Mr Flori said.

The hearing continues.