Defence Forces only sought power to suspend members facing criminal trial two weeks ago

Serous questions have also been raised as to why the Defence Forces has not been using existing powers to put people with violent or sexual assault charges or convictions on leave.

Tánaiste Micheál Martin has confirmed that a formal request for the power of suspension was only submitted on June 25, five days after 22-year-old Crotty was given a suspended sentence for attacking 24-year-old Natasha O’Brien on O’Connell St in Limerick.

Mr Martin has said this request will now be “actively considered within this policy formulation framework”.

Responding to Social Democrats leader Holly Cairns, Mr Martin said he has now issued an instruction for the placement on local leave, with immediate effect, of serving personnel in the Defence Forces who have been convicted of sexual assault or rape and awaiting discharge, or who have been charged and awaiting trial, on local leave, on a without-prejudice basis.

“The ability to take this measure is already allowable in current Defence Force regulations and I have been absolutely clear that it must now be applied uniformly in all such cases,” Mr Martin said.

Crotty, with an address at Parkroe Heights, Ardnacrusha, Co Clare, who pleaded guilty to assaulting Ms O’Brien in 2022, was officially discharged from the Defence Forces on Thursday following an internal disciplinary process.

The former Army private beat Ms O’Brien unconscious in a random street attack on May 29, 2022, and boasted about it afterwards on social media. He initially told gardaí it was Ms O’Brien who instigated the attack at O’Connell Street, Limerick, but admitted his guilt after gardaí showed him CCTV footage of him attacking her.

The DPP has lodged an appeal against the suspended sentence given to Crotty last month on the basis of undue leniency.

Ms Cairns said confirmation that the Defence Forces failed to contemplate the suspension of members facing criminal trials before the Crotty case hit the headlines, is “shocking and deeply concerning”.

She said the delay has “all the hallmarks of an organisation — which is already beset by sexual abuse and harassment scandals — acting reactively in response to public anger”.

“Following the brutal assault of Natasha O’Brien, some had been saying that the hands of the Defence Forces were tied in this regard because of a lack of regulations to deal with suspensions for those facing criminal trials,” the Cork South-West TD said. 

“We now know this was not the case. In fact, the only radio silence was coming from the Defence Forces because they did not request powers of suspension until June 25, 2024 — five days after Crotty walked free from court.”

To make matters worse, the Defence Forces were not using powers already at their disposal to put people who are charged with, or convicted of, violence against women on leave. 

“It seems it required a direct order from the Tánaiste, as Minister for Defence, for these powers to be used uniformly,” she said.

Ms Cairns also stressed that the Defence Forces are not like any other level of the civil service as members are charged with protecting and defending the citizens of this country.

Due to this remit, they must be held to a high standard, she said.

Confirming that Crotty has been discharged, a spokesperson said: “The Defence Forces unequivocally condemns any actions by serving personnel that are contrary to military regulations or that do not reflect our values.”