In a court martial, all three military members must reach a unanimous decision.
Judge William Hastings summed up his findings to the panel this afternoon, emphasising the prosecution must prove guilt beyond a reasonable doubt.
He said if there was any reasonable doubt, they had to find the accused not guilty.
Hastings said two witness accounts – the accused’s and the junior officer’s – are at the heart of the matter.
He said it was not a case of whose account they preferred.
Judge Hastings finished his summary by warning members their decision was final and of great importance, and there was no second chance to change it.
Credibility at heart of court martial
Appearing as a witness, the junior officer told the court yesterday he decided not to report the incident out of belief the complaint wouldn’t go anywhere, and it would affect his training.
He said he wanted to “cover his tracks and hide in a bush”.
Under cross-examination, the officer agreed drinking could have affected his memory.
However, he said he remembered the incident clearly.
“That was a relatively shocking thing to see.”
Appearing as a witness, the defendant denied the incident even occurred.
Another defence witness, who was also present on the evening of the alleged incident, backed this account.
The senior officer also said a kiss on the cheek was a common greeting.
“People kiss me on the cheek every day. They did it when I arrived this morning.”
Both the Crown prosecutor and the defendant’s lawyer told the court in closing arguments the case is a question of the credibility of witnesses.