Jeremy O’Byrne: Leading Seaman dismissed from ADF over act of indecency against a subordinate

A “proud dad” has ruined his decade-long career in the navy after drunkenly forcing himself on a subordinate while in his undies.

A self-described “proud dad” has ruined his decade-long career in the navy after being found guilty of grabbing and lying on top of a subordinate female sailor while he was drunk and stripped to his underwear.

Leading Seaman Jeremy O’Byrne, 32, has been dismissed from the Australian Defence Force after he was found guilty of one count of an act of indecency without consent.

He pleaded not guilty at the beginning of a five-day trial at the Defence Force Magistrates Court in Canberra, which concluded on Friday.

The court heard O’Byrne had been in the ADF since 2011.

Leading Seaman Jeremy O'Byrne has been found guilty of an act of indecency without consent against a subordinate. Picture: Julia Kanapathippillai

The court heard on the night in question, O’Byrne repeatedly texted the complainant until she said he was able to come over to her house.

When he arrived at the woman’s home, O’Byrne brought with him alcoholic drinks and had a causal chat with her.

The woman eventually found O’Byrne stripped to his underwear in her bedroom and on her bed.

The complainant said O’Byrne hugged her without her consent and then grabbed and pinned her down on her bed.

While giving evidence, O’Byrne said he visited the woman because he was concerned about her mental wellbeing, describing her recent texts as “textbook” examples of suicidal ideation.

He said he was “buggered” after looking after his two kids and had only stripped to his underwear so he could sleep comfortably.

O’Byrne told the court he slept on the woman’s bed because he wanted to give her privacy while she was speaking on the phone.

However Defence Force Magistrate Brigadier Michael Cowan said if O’Byrne was genuinely concerned about her mental health, it was ‘inconsistent’ for him to bring alcohol to her house and encourage her to drink.

Brig Cowan also said it was ‘implausible’ for the woman’s messages, which included a message about drinking wine in the bath, to be seen as a desperate cry for help.

Leading Seaman Jeremy O’Byrne has been dismissed from the ADF after being found guilty of an act of indecency without consent. Picture: Julia Kanapathippillai

In a victim impact statement read to the court, the woman said she no longer felt comfortable at work and at home since the incident.

“I feel unsafe in my own home, I check doors (and) my anxiety is heightened when people arrive unannounced,” she said.

“Before (this incident) I loved work and I thrived.

“Work is no longer my happy place.”

During sentencing, Brig Cowan described the woman as a truthful witness who was unshaken while giving evidence even when she was accused of lying by the defence.

“She was in a difficult situation with a supervisor (who placed) significant pressure put on her to acquiesce to his demands,” he said.

Brig Cowan said O’Byrne’s evidence was “implausible” and he said the defendant had shown no signs of remorse or contrition during the trial.

“He has taken no responsibility for his actions (and he has shown) no insight on the potential damage he can cause on other people,” he said.

“Had he pleaded guilty, (O’Byrne) may have avoided this penalty.”

Brig Cowan described the incident as clearly sexual in nature and said it occurred in her “sanctuary”.

“This is a gross breach of trust with an element of persistence and trickery,” Cowan said.

“She resisted and resisted and resisted.”

O’Byrne held his head in his hands as the magistrate described how his actions contradicted his self image as a ‘family man’.

“The drunken act of persistence against a female college had a significant impact,” Brig Cowan said.

“(O’Byrne) you have a daughter you might want to entrust in the ADF.”

“You’ve let yourself down and the navy down.”