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Senior barrister appointed to ‘urgently’ review Defence Forces’ handling of serious crimes by members
The appointment of senior counsel Peter Ward by Tánaiste and Defence Minister Micheál Martin comes after outcry over a suspended sentence for a soldier who viciously assaulted Limerick woman Natasha O’Brien and after it emerged there are 68 members with criminal convictions or charges against them who are still serving.
There was heavy criticism of the presence of a representative of the Defence Forces who gave evidence of Cathal Crotty’s good character before the assault which left Ms O’Brien unconscious.
Mr Martin said anyone involved in serious offences, particularly rape or sexual assault, should be taken out of service immediately without prejudice and said he had instructed the Chief of Staff Lt Gen Seán Clancy to put anyone currently facing serious charges on ‘local leave’ straight away.
“I’ve done that in terms of the instruction I’ve given the Chief of Staff last evening in terms of those currently facing such charges to be out on what is termed as local leave. They are on leave essentially until the case is completed,” Mr Martin said.
He will meet the chief of staff again on Monday, and said the review would possibly go back further than two years, and that some of the 68 offences included in the dossier compiled for him by the chief of staff were “grave”.
It came after all senior officers in the Defence Forces were called to a meeting with the Chief of Staff and the Army’s legal adviser today.
In a statement this evening, the Defence Forces said: “The Chief of Staff Lieutenant General Seán Clancy has welcomed the appointment of Mr Peter Ward SC to examine the administration of cases involving Defence Forces personnel convicted of criminal offences.
“Senior Counsel’s recommendations on the management of serving personnel who are before the civilian courts or have received a conviction, will offer clarity on how Óglaigh na hÉierann can handle cases involving these personnel. The appointment will also provide independent and comprehensive guidance to improve and strengthen the current regulatory framework.”
Lt Gen Seán Clancy said: “I agree with the remarks by An Tánaiste regarding the unacceptable presence of personnel with serious convictions including gender-based violence within the Defence Forces.
“Such individuals have no place in our ranks. The Defence Forces are committed to the highest standards of conduct and integrity. My commitment to these standards has not waned. My actions have been guided by our dedication to transparency and accountability.
“We owe it to the bravery of individuals like Natasha O’Brien, to those impacted within our own organisation and to the values we stand for to ensure that no one within the Defence Forces can avoid the consequences of their actions.”
Lt Gen Clancy confirmed he had called a meeting of all unit commanders to reinforce that message “and to reaffirm his total commitment to the transformation of the Defence Forces into a modern force where our organisational culture is underpinned by dignity, equality and mutual respect”.
The latest developments also come in the week a tribunal began investigating the army’s handling of complaints of sexual abuse and harassment, sparked by revelations from the Women of Honour group.
In a message aimed directly at members of the Defence Forces, Le Gen Clancy said: “Let this moment be a wake up for us all. We must reaffirm our commitment to the highest standards of conduct and ensure that our ranks are filled with individuals who uphold the values we cherish. Together, we will face these challenges head-on, a transparent organisation not shying away from hard truths, but addressing them with the courage and integrity that is the foundation of Óglaigh na hÉireann.
“I am committed to addressing all issues and making positive changes for the future. This change is happening, and this organisation is transforming into a modern Defence Force where our organisational culture is underpinned by dignity, equality and mutual respect. We must not let the actions of a few overshadow the dedicated service of the many.”
The Defence Forces insisted it had “not stood still” in the wake of a damning report on its culture, saying it had appointed a civilian head of human resources and head of transformation; undertaken an external review of its complaints handling; now passes all complaints of alleged sexual offences to the Gardaí; rolled out sexual ethics, gender diversity and unconscious bias workshops to all staff.
It came after Minister for Public Expenditure Paschal Donohoe has said anybody with a conviction of a “serious nature” should not be in the Defence Forces.
Mr Donohoe said he is “appalled” by the “assault and trauma” that Ms O’Brien has endured.
The review was ordered last week after Private Cathal Crotty (22) was spared a jail sentence for a violent attack on Ms O’Brien in Limerick two years ago.
The report was compiled by Lt Gen Clancy, and presented to Tánaiste Micheál Martin.
Last week, Crotty was given a three-year suspended sentence after he assaulted Ms O’Brien in Limerick in 2022.
While speaking to RTÉ Radio One’s Morning Ireland, Minister Donohoe said: “I certainly believe that anybody that has a conviction of a serious nature should not be in Defence Forces.
“Defence Forces now have a process of their own on the way with regard to the individual that is at the heart of the awful assault that was endured by Natasha O’Brien.
“But certainly from my point of view, if I look at a culture I believe is what the Defence Forces want to aspire to, which is one of respect, which is one of being a source of pride for our country.
“The swift resolution of this issue with regard to the individual that is now subject to proceedings from the Defence Forces is important.
“There is also ensuring that there is a very visible and grasping of the project to transform the culture and perception of our Defence Forces that have been instigated by the Government. Those steps are really needed.”
Mr Donohoe also added that Irish Deference Forces “matter” and will “matter more in the future”.
“They’re meant to represent the best of what is about order and control within our country. And my God, it goes without saying that the event that we saw on the streets of Limerick is as far away from that as we can possibly imagine.”
Ms O’Brien was on her way home from work with a friend when she heard Crotty shouting homophobic slurs at a passer-by and asked him to stop.
Crotty responded by assaulting Ms O’Brien and the young woman suffered serious injuries as a result.
Minister Donohoe said he is “absolutely appalled” and “sickened” by the assault on Natasha O’Brien.
“With regard to the Defence Forces, while I have the greatest respect for the work that they do, and I believe that work will be even more important in the future, it does underline to me the importance of the modernisation work that is underway in the Defence Forces, enabled by the Commission under Defence Forces.
“I know the Tánaiste will now take legal advice on the report that he has received,” he added.