Phillip John Manning, a former Bombardier, who was awarded the New Zealand Distinguished Service Decoration for an act of bravery while serving in Afghanistan, was dismissed from the armed forces in 2015 over sexual conduct with three young female recruits.
The 36-year-old admitted seven charges of doing an act likely to prejudice service discipline and was found guilty of indecent assault at a Court Martial. But because of the military jurisdiction, Manning turned up in the Dunedin District Court this week as a "first offender" for another indiscretion with overtly sexual connotations.
He pleaded guilty to posting an intimate visual recording without consent.
The court heard the victim had previously sent Manning an explicit recording of herself, which he then stored in a private folder in his phone.
On October 14, the defendant — in an "emotionally heightened state" — went to the woman’s home and demand she end the relationship with her partner.
When she refused, Manning sent the intimate video of her to the man.
He also offered to send further recordings.
Judge Emma Smith ordered Manning to pay the victim $500, along with court costs of $143.
"It was nasty, putrid offending," she said.
"You visited on her unkind, unnecessary, distressing and embarrassing behaviour."
The judge convicted him and imposed a six-month deferred sentence, which meant if the defendant committed no further crimes during that period, the matter would be concluded.
In 2015, Manning received a much sterner sentence at a Court Martial — 15 months’ imprisonment.
But that was successfully appealed and replaced with a term of three months’ detention.
The court at the time heard Manning was responsible for instructing, leading and ensuring the safety of each of his three victims during his offending in 2011 and 2012.
Despite that, he had sex with two of the women and groped the other while he was intoxicated.
The Court Martial noted he was in uniform and wearing his insignia of rank when the acts were committed, some took place during training exercises and others happened in a "garrison environment" when he was meant to be enforcing a separation between the male and female soldiers.
But the appeal court said there had been no comparison of Manning’s case to others and no real acknowledgement of his "outstanding record of service".
After joining the Army in 2005, he served in Afghanistan and Timor-Leste.
In 2008, while deployed in the former, he defused an altercation between armed members of the National Police and another local police officer, which led to his official honour.
Manning was promoted to the rank of Bombardier just weeks before his dubious behaviour began.
"His behaviour was the antithesis of those who deserve to be in the New Zealand Armed Services," the appeal court said.
