Private Maya Rose Mitchell acquitted of acts of indecency, blackmail charges, guilty of prejudicial conduct

A female army private has learnt her fate at a military court tribunal in Canberra for prejudicial conduct, after being acquitted of blackmail and acts of indecency charges.

Private Maya Rose Mitchell leaving her General Court Martial after receiving her verdict in Canberra on August 14, 2023. Picture: Sam Turner

A female Australian Army private has been handed a suspended term of military detention for prejudicial conduct after threatening a male colleague at a NSW army base.

Private Maya Rose Mitchell was ultimately cleared by a panel of five Australian Defence Force members of seven charges and six alternatives relating to blackmail and acts of indecency following a General Court Martial trial in Canberra on August 7.

The 21-year-old stationed at the Simpson Barracks in Yallambie, Victoria, previously pleaded not guilty to all charges.

It was alleged by the prosecution the female soldier had allegedly blackmailed a male soldier for sex and committed acts of indecency. She was acquitted of these charges.

The panel however found her guilty of an alternative charge of prejudicial conduct relating to a threat she said to the complainant that she would “end” him.

Private Maya Rose Mitchell.

This prejudicial conduct was captured on a bombshell recording taken by the complainant during the second half of their encounter.

When Major General Michael Cowen asked the panel for their decision on Tuesday, they sentenced Private Mitchell to 14 days of military detention, to be suspended. She was also fined $1500.

Private Maya Rose Mitchell previously pleaded not guilty to all charges.

General Cowen said the proceedings would be subject to an automatic review with Private Mitchell allowed to appeal the decision.

The Chief Judge Advocate thanked the panel for their deliberations and said they played an important role in the discipline of the defence force.

Major Warren Nazzari previously put to the panel on Monday if the Australian Army could “trust” Private Mitchell as a soldier due to her behaviour and threat to the complainant.

The prosecutor said the 21-year-old was previously convicted for failing to comply with a lawful general order relating to a sexual relationship with a recruiting officer at the Kapooka Army Barracks near Wagga Wagga.

In response, defence barrister Major Dan Coombes said Private Mitchell was a “good junior soldier”, youthful and had good prospects of rehabilitation.

Major Coombes said there was no power imbalance during the threat and that the 21-year-old had “turned a new leaf” in her life and career. She also continued to work despite her charges.

The tribunal heard the Far North Queensland born woman was inspired to enlist in the defence force by her grandparents who served in the navy.

An army captain submitted a written reference while a senior warrant officer gave evidence on Private Mitchell’s behalf at the tribunal on Monday and said she was an “exemplary” soldier and worker.

The senior officer said she would happily deploy overseas with Private Mitchell if needed.

“You know she’s got your back,” the senior officer said.