Ex-army man denies violating colleague with beer bottle
A FORMER army officer is appealing his conviction for violating a colleague with a beer bottle during a boozy night of celebrations.
Rhiley Boyson faced the Defence Force Discipline Appeal Tribunal in Brisbane today after being convicted of assaulting a man by putting the top of a beer bottle up his backside.
Barrister Edward Muston, for Boyson, told the hearing the case was circumstantial and his client was appealing the conviction on the grounds it was unreasonable and could not be supported by the evidence provided. The tribunal was shown video taken on the night of the incident, which took place inside a men's bathroom.
It showed the victim writhing on the ground trying to pull his pants up as other men could be heard laughing.
Mr Muston said the victim had pulled his pants down below his knees to use a urinal as though he were a "little boy" before the incident.
The video showed someone putting a pink safety sign over the man's genitals as he tried to pull up his pants, the hearing was told.
Mr Muston said Boyson, who could not be seen in the video, had admitted to putting the bottle between his male college's legs after he had pulled his pants down as part of a continuation of a "distasteful" joke.
Mr Muston said there were no less than six people in the bathroom and none of them saw the bottle inserted in the victim.
He said the "laws of geometry say it would have been extremely difficult" for him to have inserted the bottle.
In reading out the victim's statement on how he was assaulted, Mr Muston said it "smacks of him realising there is a physical impossibility".
Before an adjournment lawyers for the respondent, the Chief of Army, said all the issues Mr Muston addressed were raised during the trial.
The hearing continues.