Defence Forces begin disciplinary procedures against soldier convicted for Limerick assault

The Defence Forces have initiated proceedings against a soldier who received a suspended prison sentence on Thursday for an unprovoked, violent assault on a woman that left her unconscious.

Cathal Crotty, based at Sarsfield barracks in Limerick, is facing immediate disciplinary procedures under military regulations that set out the grounds on which a servicing member of the forces can be discharged on the basis of a conviction by a civil power.

“This process will commence today,” the Defence Forces said in a statement on Friday.

“Any conviction in a civilian court may have implications for the retention and service of members of the Defence Forces, as stipulated in defence forces regulations. Once due process has been completed in a civilian court of law it becomes a matter for the relevant Defence Forces authorities in accordance with Defence Forces Regulations.”

[ ‘He’s not stopping, I’m going to die’: Woman beaten by soldier condemns suspended sentence ]

Crotty’s case before the military authorities is likely to be decided by an Army general.

Tánaiste Micheál Martin, who is Minister for Defence, said: “I can confirm that that process has commenced. Again, I cannot comment on that process for fear of prejudicing the outcome of that process within the Defence Forces which is currently under way.”

Natasha O’Brien, the woman Crotty attacked, told Limerick Circuit Criminal Court how she feared she would not survive the assault in which Crotty kept punching her after knocking her to the ground with two initial blows.

“He’s not stopping, I’m going to die,” she thought as she was beaten by the soldier. After losing her job as a result of the incident, she complained that Crotty remained a member of the Defence Forces after his conviction.

The military do not take action against serving personnel while they face charges in the civil courts because such action could prejudice their defence.

The Defence Forces case against Crotty follows conclusion of criminal proceedings which Judge Tom O’Donnell fully suspended his three-year sentence on the basis that an immediate prison sentence would end his Army career.

The soldier had tried to blame Ms O’Brien for the attack, claiming she instigated an altercation. He also boasted about the assault on social media. He admitted his guilt only after being shown CCTV footage.

“The Defence Forces commend the bravery of the victim in this case, and hope for her full recovery from the injuries sustained,” the statement said.

“The Defence Forces unequivocally condemn any actions by serving personnel that are contrary to or do not reflect our values.”

Holly Cairns, leader of the Social Democrats, condemned the leniency of the suspended sentence, saying the Director of Public Prosecutions should review the sentence.

“The judge also took into account the impact that a custodial sentence would have on this man’s army career. The cruel irony here is that the victim was the one who ended up losing her job because of the impact the assault had on her,” Ms Cairns said.

“With male violence against women endemic in Ireland, this sentence completely sends out the wrong message,” she added.

“There must be real consequences for men who hurt women, which is why I fully support calls for the DPP to review this sentence with a view to appealing its leniency.”

The office of DPP Catherine Pierse had nothing to say about such demands. “Please note that the Office of the Director of Public Prosecutions does not comment on individual cases,” it said.

“For information though, in accordance with the legislation (section 2(4) of the Criminal Justice Act, 1993), a request to the Court of Appeal to review a sentence on grounds of undue leniency can be made within 28 days of the sentence being imposed.”

In a circuit court case, the DPP can ask the Court of Criminal Appeal to review a sentence which she thinks is “unduly lenient”.

The appeal court can only increase the sentence if it finds the trial judge was wrong in law in giving such a light sentence.

The victim of a crime or a family member of a victim can ask the DPP to appeal a sentence. A lawyer, doctor or social worker representing client can also ask the DPP to appeal a sentence.