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Guilty verdict in ADFA Skype sex case

Former ADFA cadets Dylan Deblaquiere, left, and Daniel McDonald, centre, leave the ACT Supreme Court after appearing in relation to the ADFA skype scandal.

Former ADFA cadets Dylan Deblaquiere, left, and Daniel McDonald, centre, leave the ACT Supreme Court after appearing in relation to the ADFA skype scandal. Photo: Jeffrey Chan

''If people start finding out it will end badly for both of us.''

The female cadet at the centre of the Australian Defence Force Academy Skype case wrote words similar to those to a man only hours before he streamed vision to a nearby room of her having consensual sex.

The warning was about the sex being a breach of ADFA rules, but little could she know the truth in her words.

McDonald, second from left, and Deblaquiere, right, leave the ACT Magistrates Court after being found guilty.

McDonald, second from left, and Deblaquiere, right, leave the ACT Magistrates Court after being found guilty. Photo: Jay Cronan

The incident leaked to the media, sparking several inquiries and culture reviews into the defence force, some of which are continuing.

Criminal charges were laid against Dylan Deblaquiere, 20, and Daniel McDonald, 21, both of whom went on trial in the ACT Supreme Court last week.

A jury on Wednesday took just over three hours to find the pair guilty of using a carriage service in an offensive manner. McDonald was also found to have committed an act of indecency on the woman.

There were sighs of relief from the victim's supporters as the verdict was delivered.

During the trial, the men admitted McDonald had sex with the woman as six friends watched through a webcam in Deblaquiere's room in March 2011.

But the defence argued the victim agreed to have the sex broadcast. Jurors heard McDonald had entered a ''friends with benefits'' arrangement with the woman on the day of the incident.

She accepted on the condition that the casual sexual relationship was kept secret.

McDonald agreed but then told his co-offender about the arrangement.

Deblaquiere later texted McDonald saying: ''I just had a f---in sick idea pop into my head, f--- her n film it.''

McDonald then organised to have sex with the woman that night and contrived to stream the encounter, via Skype, to Deblaquiere.

McDonald and the woman had sex about midnight on March 29, and the woman returned to her room. She logged on to her computer to discover a Facebook message accidentally sent to her by McDonald, which read: ''About to root a girl n [sic] have a webcam set up to the boys in another room.''

The female cadet wrote back, saying: ''Please tell me that wasn't on webcam.''

She said an agitated McDonald called her and told her it was not.

She accepted his explanation and went to bed, but was later told by a defence force investigator the sex had been relayed over Skype.

But McDonald claimed he told the woman about the webcam and she agreed to the broadcast as they went to his room for sex.

He told investigators she saw his laptop was recording when entering the room and smiled and waved at the camera before she left his room.

Acting Justice John Nield on Wednesday thanked jurors for their service before sending them home.

Prosecutor Kylie Weston-Scheuber said the Crown would seek a jail sentence for the offenders.

But defence barrister James Glissan, QC, said he would argue a deferred sentence would be appropriate.

Acting Justice Nield ordered a pre-sentence report be prepared and granted the offenders bail on the condition they do not contact or approach the victim.

The offenders will be sentenced in October.

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