Former HMAS Creswell officer David Edward Lindsay Graham jailed for five years for historic child sex offences

David Edward Lindsay Graham, 50, former Commander in the RAN, had pleaded not guilty to eight charges, but a Darwin Supreme Court jury took just over two and half hours to find him guilty of seven offences on August 14.

Graham was found guilty of three counts of indecent dealing with a child under 16 years, one against a child under 10, three acts of gross indecency and attempted sexual intercourse and was sentenced by Justice Graham Hiley to five years jail with a non-parole period of two years on Wednesday, August 28.

The charges related to incidents in the Northern Territory between 2004 and 2006, when the brothers, who are both now adults, were children.

In powerful victim impact statements the two men described the effects Graham's actions on their lives - the immense emotional and psychological damage they both experienced which continues today.

Both spoke of suffering anxiety and depression, one has been diagnosed with post traumatic stress disorder and both have attempted to take their own lives, one as recent as December last year.

"These offences have had a huge emotional impact on my life," one of the victims wrote.

"After the first time I was molested by David Graham I became more withdrawn, anxious and scared about what people would think about me if it was ever found out. I doubted my sexual orientation for a time and what's even worse is that I felt I couldn't do anything about it.

"Several years later I still have nightmares about these instances, and to this day I have never been more frightened in my life."

He spoke of being diagnosed with PTSD in early 2019 and having to take the last nine months off work to focus on his mental health and wellbeing.

"I have lost countless hours of sleep; I suffer with depression and am constantly anxious and stressed," he said.

The other victim said the "predatorial and sexually abusive actions of David Graham" had "undoubtedly been the cause of the immense emotional and psychological damage" he had experienced throughout his life and continue to bear today.

"The repeated abuse, which started when I was seven years old, has had significant impact on my development into a young adult, and continues to wreak issues within my psyche today," he said.

He spoke of escaping into a world of childhood imagination, as a youngster, he often sunk into fictional novels and films which inspired his creative side.

"The most vivid memories I have at this age are of me being unable to sleep because of this confusion, sitting alone in my bedroom at midnight, crying silently and endlessly," he said.

"It decimated my ability to forge bonds of trust between myself and a romantic partner - to this day, I have struggled to engage in a relationship of a healthy nature as a result of such emotional instability."

One describes undertaking excessive drinking, "traits of alcoholism" in his teens, "binge drinking" by himself - "a coping mechanism, a form of self-medication, and an outlet for repressed memories of childhood sexual abuse".

He also rebelled against authority, with his schooling in particular suffering.

"My belief is that Graham is solely to blame for, not only the turmoil I faced as a child, or the delinquent I became throughout puberty, but also the mental instability I face today and will undoubtedly face for the rest of my life," he said.

"I believe he should pay for every drink that I have had past moderation, every suicidal thought that has ever entered my head, every sleepless night I had as a child, and for every day of my life that I have to bare the knowledge that I was a victim of sexual assault as early as the age of 7."

Graham had been extradited from Canberra to Darwin to face court.

The two complainants, who cannot be identified, kept the allegations to themselves until several years after the incidents occurred.

One of the victims, who is now a young man, said he recalled three incidents in which Graham allegedly touched his genitals when they were alone together, including waking up one night to find Graham, who he believed had been drinking, fondling his genitals.

The court heard Graham left the room once he woke up.

The second complainant alleged Graham attempted to rape him while they were alone together on a road trip.

The second victim also alleged that once when he stayed over at Graham's house, the man touched his genitals while they watched a movie together.

The court heard the boy went to a spare room and locked the door, but it was a simple lock that could be opened from the outside.

The boy said he went to bed and locked his door, but woke to Graham in his bed, masturbating.

On another occasion, the complainant's mother walked into a bedroom to see Graham and her son playing video games while Graham allegedly had two fingers down the back of the boy's shorts.

Afterwards, she took her son for a walk on the beach and spoke to him about inappropriate touching, but the boy told her nothing had happened.

The court heard military police were alerted to the allegations in 2017.

Commander David Graham was awarded the Conspicuous Service Cross (CSC) in the 2013 Queen's Birthday Honours, for outstanding devotion to duty as HMAS Creswell's executive officer.

His citation said he was an exceptional leader whose professional ethos, loyalty, commitment and dedication have been of the highest order.

"His dynamic approach to command and unstinting efforts had improved safety management, invigorated the divisional system and forged strong bonds with supporting groups and the broader community,'" the citation said.

"His inspirational leadership achieved outstanding results for HMAS Creswell and enhanced the training of navy officers who will serve in the future defence of Australia."

At the time, having spent 21 years in the navy, CMDR Graham said his two years at Creswell were among the most rewarding and enjoyable of his career.

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