Shadi Kantibye: tribunal quashes indecent act conviction

The Defence Force Appeal Tribunal has quashed the conviction of a soldier who allegedly touched a colleague in her own bed. Find out what happened.

The Defence Force Discipline Appeal Tribunal has quashed a conviction of an army private who had previously been found guilty of touching a colleague in her bed.

On December 10 last year Army Private Shadi Kantibye was convicted of an act of indecency without consent against a female soldier.

This followed a judge-only trial by Defence Force Magistrate Group Captain Scott Geeves held at the Defence Force Magistrates Court in Canberra.

During the trial it was alleged while undertaking training at Bandiana Barracks near Albury-Wodonga in February 2020 Mr Kantibye went into the room of a female colleague during the early hours of the morning, and indecently touched her.

During the trial Mr Kantibye maintained he did not enter the room.

Shadi Kantibye has had his conviction quashed in the Defence Force Appeals Tribunal. Picture: Julia Kanapathippillai

In sentencing Group Captain Geeves dismissed Mr Kantibye from the Australian Defence Force.

On July 22 the conviction was quashed by the DFDAT.

DFDAT President Honourable Justice John Logan RFD, Deputy President Honourable Justice Paul Le Gay Brereton, AM RFD and member Honourable Justice Melissa Perry made orders that the conviction be quashed and stated the Defence Force Magistrates Court would run a retrial of the case.

Public documents available on the Judge Advocate General website states prior to the appeal an automatic review of the conviction was completed on January 12, which upheld the conviction and punishment.

The document stated on March 25 a review of a petition against the conviction was completed.

On that occasion the conviction and punishment was upheld again.

The full judgment from DFDAT on this case will be published on a later date.

No dates have been set for the retrial.