A senior Australian naval officer charged with repeatedly spanking a young female sailor without her consent on numerous occasions has not testified in his own defence.
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The court martial panel hearing 23 charges against John Alan Jones, a lieutenant-commander, arising from nine alleged acts of indecency, has been told his silence cannot be held against him.
The court martial was told seven of the alleged incidents had taken place aboard the fleet oiler HMAS Sirius and another two had allegedly occurred at a private home in Western Australia between February and October 2010.
Judge Advocate Lieutenant-Colonel Jennifer Woodward said the panel had to presume the defendant was innocent with the onus on the prosecution to prove guilt ''beyond reasonable doubt''.
The young sailor had earlier told the court by video link that on one occasion at her home after they had dinner together, Jones had made her lay across his lap, took her stockings off, lifted her skirt, removed her underpants and pushed her legs apart.
Before spanking her he had said he wanted ''to make my bottom nice and red,'' she said.
While the defendant has admitted three of the alleged incidents, his lawyers argue the spankings were not of a sexual nature.
The prosecution has questioned this, citing the presence of spanking-related pornography on a laptop computer Jones allegedly attempted to dispose of in the rubbish when he became aware his behaviour was being investigated.
Lieutenant-Colonel Woodward said while Jones had not given evidence at the hearing, which started almost a fortnight ago, he had co-operated with police and had given a taped record of interview - which had been played to the court.
The court martial, which is sitting at the military justice facility at Fyshwick, also heard a conversation between Jones and the complainant she had secretly recorded on her iPhone.
''No inference of guilt can be drawn from it [his not testifying],'' Lieutenant-Colonel Woodward said.
She instructed the four-man, one-woman panel - which is made up entirely of naval officers - to ''put out of their minds'' a prosecution reference to ''the former culture of misogyny'' in the navy and references to media reports of misconduct in the navy.
The Judge Advocate told the panel it was her job to advise on issues of law.
It was their task - and theirs alone - to decide on matters of fact and, ultimately, Jones's guilt or innocence.
She cited the nature of the relationship between the defendant and the young sailor, the fact the sailor had not lodged a complaint until months after the first incident, and the issue of consent as matters the panel should consider.
There are no eye witnesses.
The court martial is not expected to hand down a verdict until Monday at the earliest.
