Two Australian navy technicians accused of taking part in a "hazing" incident in which one of their crewmates was allegedly hog-tied, smeared with a vegemite concoction and raped with a rubber chicken, have been found not guilty of all charges after one of the longest court martials in the country's history.
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The families of Able Seamen Mitchell Mark Summers and Jonathan Lee Walter cried openly as the two young men were cleared of any involvement in the incident aboard HMAS Newcastle off Western Australia in August 2011.
During the course of a marathon seven-week hearing, prosecutors alleged that on the crewmate's last night aboard the guided missile frigate a fellow technician grabbed him from behind and carried him into the ship's third aft recreational area.
The youth claims that he was then hog-tied, smeared between the buttocks with a concoction of deep heat and vegemite and sexually assaulted with a rubber chicken as up to 30 sailors looked on.
"At this point I was pretty damn frightened of what was going on, sir," the sailor told the court martial.
"I was yelling and screaming 'what the f--- is going on! Stop! What's happening?!'"
The 20-year-old was then allegedly carried into the ship's ablutions area and doused over the head with a black liquid that allegedly caused an immediate burning sensation to his face and eyes.
He did not report the incident until last year when revelations about hazing incidents aboard HMAS Ballarat came to light.
On September 21, two other sailors accused of being part of the hazing, Able Seamen Rohan Martin Angre and Michael Daniel Thompson, pleaded guilty to forcible confinement, committing an act of indecency and assault over the incident.
The most serious charge – sexual intercourse without consent – was withdrawn by the prosecution against these two accused.
As the court martial continued, Judge Advocate Colonel Jennifer Woodward directed the panel of naval officers acting as a jury in the case to find Able Seaman Summers not guilty of sex without consent or committing an act of indecency, due to a lack of evidence.
It took the panel of officers just 90 minutes on Wednesday to find him not guilty of all remaining charges and to find Able Seaman Walter not guilty of all six charges against him.
It means that no sailor will be convicted in relation to the alleged rape of the young technician.
During a stern cross examination, counsel for Able Seaman Summers accused the alleged hazing victim of making up his evidence because he "hated the navy" and wanted to launch a claim for financial compensation.
"It's a ridiculous story, I suggest, for the smoking pit - you made it up as some sort of war story," Lieutenant Paul Hogan asserted.
"No, it happened sir," the alleged victim replied.
The court martial heard that before he reported the alleged hazing, the 20-year-old had been on "thin ice" with the navy for some time because of excessive drinking and that he was being posted off HMAS Newcastle because of disciplinary issues.
Able Seamen Angre and Thompson will be sentenced for their involvement in the incident later this week.
