TÁNAISTE AND DEFENCE Minister Micheál Martin has moved to clarify why a superior commander gave evidence in the trial of an Irish soldier who was given a suspended sentence after attacking a young woman.

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,” O’Brien said.

Speaking to reporters in Cork today, the Tánaiste said he was conscious that the judicial process may not yet be complete, stating that he did not want to comment any further, particular when questioned about the leniency of the sentence.

Crotty’s superior at the Limerick army barracks, Commandant Paul Togher, gave evidence in the trial, stating that he 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. 

Justice Minister Helen McEntee is currently progressing legislation relating to character references, which 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.  

‘Not a character reference’

However, Martin said today there is difference in this case that should be highlighted as to why the superior commander was in the court:

I think it’s important to point out that the commander is there under obligation, and it was not a character reference, perhaps as is generally understood by people.

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, he added.  

Martin said the superior commander can be cross examined, as he was on this occasion by both the defence and prosecution.

When put to the Tánaiste that language used by the superior officer, particularly the word “exemplary”, could be seen as a character reference for the defendant, Martin said that it emerged on cross examination. 

“He simply had to be there, under obligations, is my understanding from speaking to the Chief of Staff [of the Defence Forces]. This happens in all cases in this situation,” he told the media. 

Martin said the superior officer did make the point at the end of his contribution that the objective purpose of training for the Defence Forces is to protect society, protect citizens and keep them safe.

The Tánaiste said he “condemned unequivocally” the attack suffered by Natasha O’Brien at the hands of a member of the Defence Forces. 

Taoiseach Simon Harris thanked O’Brien and praised her for coming forward and speaking out.

“I think that is really important. I would encourage any victim or survivor of violence, of gender-based violence to always come forward.”

Asked about the suspended sentence Crotty received, Harris said:

“I find myself precluded from being allowed to comment on the sentence of a court despite perhaps having quite a lot that I would have liked being able to say, other than let me say this – the legal process may not be concluded because it is absolutely always open to the DPP to appeal a sentence and also to appeal the leniency of a sentence.”

“I need to be particularly careful in that context. As a Government, we remain absolutely determined to create a society where there is a zero-tolerance approach in relation to gender-based violence,” he added. 

“We should always expect people in our Defence Forces to be people of the highest standards, highest integrity and respect for the law,” said Harris. 

He said we are living in a country where there is still an “epidemic of gender-based violence”, stating that he wanted to create “a very different society for young women”.

Process of dismissal 

The Journal reported yesterday that the Defence Forces has begun the process of dismissing Crotty. 

Speaking about this, the Tánaiste confirmed that a process has commenced, but would not comment further for fear of prejudicing the outcome of the process within the Defence Forces.

“I spoke with the Chief of Staff and he’s informed me of the process that has commenced,” he said.  The Taoiseach also welcomed the commencement of such processes today. 

Martin said it is clearly set out in the Defence Force regulations what happens when a serving member is before the civilian courts, adding that there is a clear process in place in terms of how the military responds to that.  

The case was reported yesterday just as the government announced that a tribunal to examine how the Defence Forces handles complaints of bullying, harassment, and sexual misconduct is being established.

Speaking to reporters today about the culture within the Defence Forces, Martin said:

“I’ve been very consistent, in terms of calling for cultural transformation within the Defence Forces. There are many, many people within the Defence Forces who want to continue to affirm the fundamental values of the Defence Forces, which is to protect society, protect civilians and that is why not only have we established the tribunal, we’ve taken many other steps to modernise to transform and change practice,” he 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.

She 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.