Tánaiste and Defence Minister Micheál Martin said he unequivocally condemned what he described as "a shocking attack” that was “violent and vicious" by a Defence Forces soldier on an innocent woman on a Limerick street.
Natasha O’Brien was beaten unconscious by the soldier, who walked free from court yesterday.
Cathal Crotty (22) was handed a three-year suspended sentence at Limerick Circuit Criminal Court and ordered him to pay €3,000 compensation to Ms O’Brien.
The case is now being dealt with by Defence Forces authorities after Mr Crotty’s conviction because it had waited until the criminal case came to a conclusion.
Mr Martin said Defence Forces personnel were trained to protect people – and he stressed he had been working for some time to achieve "a culture change" within the service in the wake of the Women of Honour revelations about bullying, harassment and other forms of abuse.
Tánaiste condemns attack on Natasha O’Brien by Defense Forces member Cathal Crotty
He pointed out that the Limerick incident occurred in civilian life and not directly within the Defence Forces.Mr Martin's comments came as it was confirmed a disciplinary process is now under way within the Defence Forces, which could result in the soldier being dismissed.
Speaking in Cork, Mr Martin admitted it was "a shocking incident".
"I want to condemn unequivocally the shocking attack on Natasha O'Brien. It was a violent and vicious attack which was unprovoked and I want to commend the bravery, courage and indeed the dignity of Natasha O'Brien in the face of such an assault and the manner in which she has conducted herself,” he said.
"I am conscious that the judicial process may not yet be complete. I cannot comment any further because of course it could prejudice any further deliberations at that level.
"I want to also clarify and point out that there has been some commentary about the presence of Cmdt (Paul) Togher in court. He was there under Defence Force regulations.
"When a member of the Defence Forces is before the courts, there is an obligation under regulations that there would be a commanding officer in court for two purposes.
"One, to cooperate with the court if the court requires – and sometimes an officer can be cross-examined and was on this occasion both by the defence and the prosecution and to provide whatever material is on the file to the court.
"But also secondly to report back to the Defence Forces. This is all under Defence Force regulations. To report back in terms of what actually transpired at the court. So, then, for further process to develop and to start.
"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."
The Tánaiste said the senior officer was not in court to offer any kind of character reference on behalf of the soldier.
Mr Martin said he had read the regulations involved in respect of the proceedings the soldier now faced.
"There is a very clear process in place in terms of how the military responds to that,” he said.
Commandant Paul Togher, who is Mr Crotty’s superior at the Limerick army barracks, , said the soldier was an “exemplary”, “courteous”, “professional” and “disciplined” officer.
Asked in court for his reaction to the evidence of the attack, Comdt Togher replied he was “exceptionally disappointed and surprised” because it was, in his opinion, “very out of character” for the defendant. He was most disappointed because Crotty as a soldier “is expected to keep people safe”.
Asked by Donal Cronin, defending, whether he had been asked by Crotty to come to court, Comdt Togher said he was required to attend criminal cases involving Irish soldiers and to report back to superior officers on matters that may affect a soldier’s future in the forces.
A spokesperson for the Defence Forces said today that the Court Liaison Officer (LO) was there in an official capacity as per Defence Forces regulations.
“When a serving soldier is in court for any reason an officer attends as an LO to give details on the individual's contract,” they said.
"The role of the Court LO is clearly outlined in DF regulations, and they are not there to give a character reference.
“While the Court LO informs the court of the conduct rating of the serving member, this does not reflect any personal opinion of the Court LO.”
In a statement, a spokesperson said the Defence Forces “commend the bravery of the victim in this case, and hope for her full recovery from the injuries sustained”.
“The Defence Forces unequivocally condemn any actions by serving personnel that are contrary to or do not reflect our values.
“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 then becomes a matter for the relevant Defence Forces authorities, in accordance with Defence Forces Regulations.
“As this particular case is now in the process of being dealt with by those relevant authorities, it would be inappropriate to comment further at this time.”
Mr Crotty had been drinking alcohol throughout the evening of May 29, 2022, and hit Ms O’Brien, who was walking home with a friend after work, with up to six punches in a violent assault.
Ms O’Brien, who lost consciousness during the incident and sustained a broken nose, bruising, nightmares and panic attacks afterwards, said she thought Crotty was going to kill her during the attack.
He fled when a male passer-by intervened, but his friends remained at the scene.
Ms O’Brien told the court she “went into a state of shock” and felt “completely helpless” when the serving soldier launched the attack.
"As I lay in the foetal position, and losing consciousness, he continued his relentless beating – my last conscious thought was, ‘He’s not stopping, I’m going to die’.
“The physical injuries I sustained were devastating: a severe concussion, a broken nose, severe swelling, and bruising on both arms, shoulders, head, right upper thigh, left eye, cheek and jaw,” she said in a victim impact statement.
“I spent the following weeks and months attending hospital and doctor appointments, and due to persistent concussion symptoms I was deemed ‘high–risk’ for a brain bleed, and I received a battery of tests including a head CT scan.”
She said she lived in “constant fear” that these injuries could result in her death and she has since suffered with symptoms of PTSD.
"A sense of constant dread and isolation was unlike anything I have ever experienced and I spiralled into self-destructive behaviours and lost all interest and motivation for life.”
Ms O’Brien said she ultimately lost her job due to declining performance and she “became numb and detached from reality, living in perpetual fear of seeing him again”.
"He [Crotty] may not remember, but my memory of the vicious sinister look in his eyes as he approached me will haunt me forever,” she said.
“I consider myself incredibly fortunate to be here today to have my voice heard, I am lucky to be alive and I believe the male passer-by, who intervened, saved my life.”
Crotty pleaded guilty, with the judge taking into account that he had no previous convictions, entered his plea early and that a trial would have compounded Ms O’Brien’s trauma.
“In fairness to him [Crotty], he has come to court and publicly admitted his wrongdoing, and he has made a public acknowledgement of his criminality,” the judge said.
Judge O’Donnell said a headline sentence was “five years”, but he imposed a three-year sentence, which he suspended in its entirety.
