JUSTICE MINISTER HELEN McEntee has said that over the last number of years she has “consistently” seen sentencing for assaults that “have not seemed strong enough”.
She said this is why she has doubled sentences from five years to ten years for assault causing harm.
The Minister made the comments in response to the sentencing in the case of the assault suffered by Natasha O’Brien.
Yesterday, Cathal Crotty, a 22-year-old soldier who viciously attacked O’Brien and later boasted about it online, was handed a fully-suspended sentence for the assault which he pleaded guilty to.
Speaking afterwards, O’Brien (24), criticised the sentence and said: “I lost my job because of his (Crotty’s) actions, because I was so impacted by what he did, but this judge doesn’t want to jail him because it will mean he will lose his job.”
“That’s not justice,” Ms O’Brien said.
Speaking on Today with Claire Byrne, Justice Minister Helen McEntee said: “It’s important to acknowledge somebody has been found guilty here. There has been a prosecution.
“There has been a conviction for this brutal and vicious and unprovoked assault on a young woman who was simply walking down the road, which shouldn’t have happened.”
When asked if Crotty should remain in the Defence Forces, McEntee said it was not a matter for her and added that she does not wish to say anything that could prejudice any future appeals that may take place.
Last night, The Journal reported that the Defence Forces have begun the process of dismissing Crotty.
McEntee continued:
“I understand that there are other questions to be asked here, but my job is to make sure that there was a maximum sentence there and over the last number of years what I have seen consistently, where you have assaults that have taken place, sentences have not seemed strong enough.
“And so that’s why I’ve doubled sentences from five years to 10 years, giving greater discretion to the judges who are hearing the cases.”
When it was put to McEntee that it is this discretion that people have taken issue with, the Justice Minister responded: “And that is why the DPP has the opportunity to make an appeal.”
“Obviously that is a decision for the DPP to make but [the option] is there,” she added.
During the case, Crotty’s superior in the Defence Forces gave evidence that Crotty was an “exemplary”, “courteous”, “professional” and “disciplined” soldier.
When asked to comment on the evidence of the attack, the superior said it was, in his opinion, “very out of character” for Crotty.
The superior told the Court that as a senior army officer, he was required to attend criminal cases involving Irish soldiers.
Commenting on this today, McEntee said if any person is willing to stand up in court and give a character reference they “should be willing to stand over it”.
“They should be willing to be cross-examined,” McEntee said and added that a new law that is being put in place will allow for this.
She said this law will be enacted in “a couple of weeks”.
However, Tánaiste and Minister for Defence Micheál Martin said today there is difference in this case and that the superior commander did not provide a “character reference” as is gnerally understood by people.
“I think it’s important to point out that the commander is there under obligation,” Martin said.
He further explained that when a member of the Defence Forces is before the civilian courts, there is an obligation under regulations, that the commanding officer be present so as to cooperate with the court’s requirements, but also to report back on proceedings to the Defence Forces.
Martin said the superior commander can be cross examined, as he was on this occasion by both the defence and prosecution.
McEntee is currently progressing legislation that will mean a person providing a character reference after a defendant has already been found guilty will now have to come before a court if asked and be cross examined.
McEntee said when it comes to violence against women we still have a long way to go.
“More women are coming forward because we’re talking about it, because we now have a whole of government strategy that says everybody has a responsibility to deal with this issue,” she said.
She added: “We’re in a much better place than we were only a few years ago. But we have a long way to go. This is an epidemic. I really believe that.”
Elsewhere, Sinn Féin leader Mary Lou McDonald has called for an examination of sentencing and judicial training in cases of violence against women.
She extended her solidarity and support to Ms O’Brien and praised her bravery.
“Violence against women is a scourge in our society; too often women and girls do not feel safe. This case and others like it raise fundamental questions about how government and the judicial system deal with violence against women,” McDonald said.
She added: “It speaks volumes that this happened in the same week that Women’s Aid reported the highest ever number of domestic abuse disclosures in its fifty year history.”
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