Defence Forces management hopes to be able to expel soldier Cathal Crotty by early next week, following his conviction for beating a woman unconscious in Limerick in 2022.
Last Thursday Crotty (22) received a suspended sentence for violently attacking Natasha O’Brien on the street after she asked him to stop shouting homophobic abuse at passersby. In the hours after the attack Crotty, an Army private from Ardnacrusha, Co Clare, boasted to friends on Snapchat: “Two to put her down, two to put her out,” in reference to striking Ms O’Brien four times.
Noting the impact a custodial term could have on the soldier’s career, Judge Tom O’Donnell imposed a three-year suspended sentence and ordered Crotty to pay €3,000 compensation to Ms O’Brien.
The case has prompted significant public and political controversy, with thousands taking part in protests over the weekend in support of Ms O’Brien and against the leniency of the sentence.
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The next day, Crotty was paraded before his commanding officer and informed he was to be discharged from the Defence Forces as a result of the case. He was told he had seven days to make representations in response.
With that deadline expiring on Friday evening, Defence Forces management hoped to be in a position to formally expel him early next week, if not sooner, sources said.
However, this timeline may be altered if Crotty takes legal action, such as seeking a judicial review of the decision to discharge him. No such case has been lodged yet.
It is understood senior officers expected Crotty to receive a custodial sentence which would have allowed for his immediate expulsion under Defence Forces regulations. Cases involving a suspended sentence or fine are dealt with on a case-by-case basis.
The Director of Public Prosecutions (DPP) has 28 days from the date of the hearing to lodge an appeal of the sentence on the grounds of undue leniency. It has not yet indicated it will do so.
Cathal Crotty case: Are judges out of touch with the public?
Meanwhile, the Government has received a report on the prevalence of convicted criminals in the Defence Forces. The Irish Times reported on Tuesday that the report is understood to have identified 20 cases of concern.
Taoiseach Simon Harris has hit out at “anonymous briefings” on the Defence Forces controversy, adding that he wanted to “reserve judgment” on the information provided to the Government about the numbers of serving soldiers who had been convicted of crimes.
On his way into the summit of European leaders in Brussels, Mr Harris indicated unhappiness in Government about the Defence Forces response to public and political concerns about the controversy over the case of soldier Cathal Crotty who was given a suspended sentence for the assault of Natasha O’Brien, a decision which sparked widespread protests.
Government sources are known to be concerned that the military has not supplied complete information about other serving soldiers with a conviction.
“The last thing we need, and the last thing I’ll tolerate, is anonymous briefings in relation to the Defence Forces,” Mr Harris told journalists in Brussels.
“I’m the Taoiseach of this country and zero tolerance is not a slogan. Zero tolerance is the cultural change that must come about in every part of Irish society, including the Defence Forces. And anonymously brief away if you wish but I will speak up and speak out for the women of this country who felt failed, badly failed, for a significant period of time.”
Asked about the report received from the Defence Forces about convictions, Mr Harris said: “I’ll await the full report . . . but I do remain very concerned. There is no place in my view for people who have convictions in our Defence Force, particularly convictions domestic or sexual and gender based violence.
“And I also think that we need to give consideration that where there are serious allegations made against someone – what happens to them in the period before that allegation comes to court, and how can they possibly be allowed to continue to serve, and is there a need to change regulations.
Government sources said additional questions were asked once the report had initially been delivered on Wednesday, and they said the final figure could now in fact be higher than the original 20 cases of concern.
Defence Forces Chief of Staff Lieutenant General Seán Clancy had met his senior officers and demanded a list of all serving personnel with convictions or who are facing charges. The request was sent out to all Defence Forces brigades and formations.
The Chief of Staff was asked to provide Tánaiste Micheál Martin with a report on the issue, with a final report which addressed outstanding questions due to land on Mr Martin’s desk on Wednesday evening.
Taoiseach Simon Harris previously told the Dáil that it was “utterly unacceptable” that he did not have full details of how many Defence Forces personnel had civilian criminal convictions.
Ms O’Brien on Wednesday told lawmakers and judges around the country to “do better” in respect of sentencing laws for serious crimes.
[ ‘The systems need to be gutted’: Natasha O’Brien leads rally for justice at DáilOpens in new window ]
At a protest on the steps of Limerick Circuit Criminal Court, where her attacker walked free last week, she called for legal reforms and an end to soft sentences for violence, particularly against women victims.
Later, Ms O’Brien told a crowd of about 100 protestors in one of a series of street protests organised by the Rosa socialist feminist group that she wanted her case to be a catalyst for change in how victims are treated in courts.
“I felt discarded of, I felt violently attacked, and not at the hands of my attacker, but at the hands of the justice system.” However, she added: “I took a stand.”
