Michael Burke jailed for groping, spanking, female sailors

A sailor has been booted from the defence force and imprisoned after he pleaded guilty to a series of lewd acts including groping a female sailor in a toilet cubicle. Find out what happened.

A disgraced sailor, who groped the breast of a female service member in the ladies toilets, has been booted from the defence force and sentenced to 120 days in a civilian prison.

On Wednesday Michael Burke pleaded guilty to six charges; three counts of prejudicial conduct, an act of indecency without consent in the third degree, an act of indecency without consent and assaulting a subordinate.

The charges relate to four female complainants including one civilian and three female sailors; all of whom were of a lower rank.

For the most serious charges of an act of indecency without consent, and an act of indecency without consent in the third degree, Burke followed a female sailor into the women’s bathroom before pushing her to the wall of a cubicle and groping her breasts.

Michael Burke will face jail time after being convicted of six offences including an act of indecency without consent. Picture: LinkedIn

He pleaded guilty to assaulting a subordinate, after he picked up and lifted another sailor over his shoulder before spanking her bum.

For the three charges of prejudicial conduct, Burke admitted to saying to the woman, who he later groped, that he wanted to have sex with her.

He also repeatedly put his arm around another sailor before saying words to the effect of “You are hot — I find you attractive” to her.

Finally, he rubbed the leg of a civilian woman, who had to introduce Burke to her husband in order to get him to stop.

On Thursday, after hearing from a number of character references, Burke took to the witness stand where he explained his personal and professional circumstances leading up to his actions on February 10.

The disgraced sailor told the court he had two young children, a son and a daughter, and the court heard he and his ex wife separated in April last year and subsequently divorced.

Michael Burke has been convicted of six offences including an act of indecency without consent at the Defence Force Magistrates Court in Canberra. Picture: LinkedIn / Julia Kanapathippillai

He said his young family resided in the Hunter Region of NSW while he was working in Tasmania.

He said under a previous executive officer he arranged flexible work arrangements which allowed him to leave work early on Fridays so he could travel to see his children and then-wife during the weekends.

He said this arrangement immediately ceased when a new executive officer took on the role.

The sailor said this new arrangement led to issues in his marriage ultimately resulting in separation and divorce.

He said he and his ex-wife and in-laws still had a good relationship and were aware of the court proceedings against him.

Burke choked up when he told the court his two children knew he was in Canberra but said he had spared them the “burden” of the details for why he was there.

The court heard due to Burke’s treatment of subordinates in May 2021, he was given a formal warning for allegations of bullying.

On the witness stand Burke acknowledged the hurt he had caused to the complainants.

“No one should make you feel unwelcome … at home, in public or at work,” Burke said.

“My actions did just that.”

He told the court he had two reminders of his indiscretion on the fateful February night; a calendar counting his 185 days of sobriety, and another counting down the last weeks of his near two-decade naval career.

Burke also said all of his personal effects were now in storage and said “effectively yes, I am homeless”.

Michael Burke leaves the Defence Force Magistrates Court on August 31 2022. Picture: Julia Kanapathippillai

In sentencing Defence Force Magistrate Major General Michael Cowen said the offences committed “in the sanctity of the female toilets” were the most serious offences he had pleaded guilty to.

“You didn’t voluntarily desist – you only did when confronted,” he said.

“Your intent was sexual.”

Major General Cowan said the female sailor was “vulnerable” and “essentially trapped” in the cubicle, and was “only saved” by the civilian complainant.

“I do not consider dismissal alone is adequate to mark the seriousness of your behaviour,” he said.

In sentencing the magistrate reduced Burke’s rank from Chief Petty Officer to Petty Officer, dismissed him from the defence force and sentenced him to 120 days in prison with a non parole period of 30 days.

Burke was seen sobbing in court when the sentence was handed down.

“It’s a sad day for the navy,” Major General Cowan said at the conclusion of the proceedings.