The appellant appealed his conviction by a Standing Court Martial for sexual assault, arguing the military judge erred in applying eyewitness identification law and made palpable and overriding errors of fact regarding the complainant's identification of him.
The offence occurred aboard a deployed Navy ship where the complainant routinely served meals to crew members, including the appellant.
The Court Martial Appeal Court held the military judge correctly instructed herself on the frailties of eyewitness and recognition evidence, noting the potential tainting effect of a single photo shown by a colleague, and made no palpable or overriding errors in concluding the complainant reliably recognized the appellant.
The appeal was dismissed.
