LAST UPDATE | 1 Jul

THE DIRECTOR OF Public Prosecutions has appealed the three-year suspended sentence handed down to soldier Cathal Crotty for “undue leniency”.

Crotty, from Park Row Heights in Ardnacrusha, Co Clare, was convicted and given a fully-suspended sentenced last month for the assault for the assualt of Natasha O’Brien in Limerick on 22 May 2022.

A date has yet to be set for the initial hearing of the appeal.

Crotty had pleaded guilty to the assault of O’Brien, where she was punched up to six times and was left unconscious after the unprovoked assualt.

The court heard Crotty had attacked O’Brien after she had “politely” asked the soldier to stop shouting the word “faggot” to others on a Limerick city street.

During the assault, the court was told, O’Brien believed she was going to die and was left with severe injuries, including a broken nose.

A Limerick court heard that Crotty had initially denied the assault had taken place until he was presented with CCTV evidence of the incident.

Before sentencing Crotty to a suspended term, Judge Tom O’Donnell, on two occasions, told and asked O’Brien it she knew of the significance of her attacker’s guilty plea. 

The judge told O’Brien that he had “no doubt” that Crotty would lose his job in the Defence Forces if he sentenced him an immediate prison term and that he had taken the aforementioned guilty plea and the fact he had no previous convictions into account.

The court heard that Crotty boasted afterwards to friends “two to put her down, two to put her out” and had tried to blame O’Brien for the unprovoked assault.

Judge O’Donnell sentenced Crotty to a fully-suspended three-year prison term. He also ordered Crotty to pay €3,000 compensation to O’Brien within the next two years, without prejudice to any potential civil court proceedings.

Under his conditions, Crotty must keep the peace and be “of good behaviour” for the next three years and will serve the prison sentence imposed if called on to do so. 

His superior at a Limerick army barracks, Commandant Paul Togher, gave evidence that Crotty was an “exemplary”, “courteous”, “professional” and “disciplined” soldier.

When asked by prosecuting counsel for his reaction to the evidence of the attack, Commandant Togher replied he was “exceptionally disappointed and surprised” as it was, in his opinion, “very out of character” for Crotty.

His superior also said that he was most disappointed as Crotty, as a soldier, “is expected to keep people safe”.

When asked by Crotty’s barrister, Junior Counsel Donal Cronin, if he had been asked by Crotty to come to court, Commandant Togher replied that, as a senior army officer, he was required to attend criminal cases involving Irish soldiers.

He said this role required him to report back to superior officers on matters that may affect a soldier’s future in the forces.

As reported by The Journal shortly after the soldier’s sentencing, the Irish Defence Forces began the process of dismissing Crotty.

It was later reported by The Journal that Crotty was informed he likely faces dismissal after his guilty plea. It is understood that the Director of Public Prosecution’s appeal will have no impact on the dismissal process.

Additional reporting by Niall O’Connor.