Editorial: Suspended sentence for soldier Cathal Crotty in Natasha O’Brien assault case must be reviewed

The commendable Ms O’Brien (24), who has correctly identified the public’s outrage over the case, has suggested the sentence is probably not lenient in comparison with other previous decisions before the courts.

If that is the case, new laws are urgently required, up to and including mandatory custodial sentences for gender-based violent offences.

In the first instance, however, it is for the DPP to review the facts of the case and the sentence imposed by Judge Tom O’Donnell in Limerick Circuit Court.

The reported facts are disturbing: ­Crotty (22) and a group of friends had been “shouting homophobic slurs” at people.

Ms O’Brien has said: “They were very aggress­ive. It was like they were on the prowl for trouble. We had this bad gut feeling. Me and my friend tried to politely say, ‘Ah lads, come on, stop that’.”

Crotty, who had been drinking and was off duty, grabbed her by the hair and punched her to the ground, where she was rendered unconscious. Hours after the assault, he boasted on social media about the incident, saying: “Two to put her down, two to put her out.”

The court heard Crotty initially, and falsely, claimed Ms O’Brien had instigated the attack.

He received a three-year suspended sentence after he pleaded guilty to carrying out the un­provoked assault on O’Connell Street, Limerick, in May 2022.

In an indication of the growing outrage, hundreds of people attended protests around the country yesterday

During the hearing, a Defence Forces commandant gave evidence that Crotty was a “professional” and “disciplined” soldier. He said he was “exceptionally disappointed and surprised”, describing the attack as “very out of character”.

The commandant said he was required to att­end criminal cases involving Irish soldiers and to report back to superior officers on matters that might ­affect a soldier’s future in the forces. The Defence Forces have confirmed a disciplinary process is now under way involving Crotty.

In an indication of the growing outrage at the ­outcome of the case, thousands of people attended protests around the country yesterday.

The facts of the case raise several questions, including whether the Defence Forces should provide a character reference for an individual who has pleaded guilty to such an offence, notwithstanding the right to a fair trial.

Following the mass outpouring of anger after the murder of Offaly teacher Ashling Murphy in 2022, undertakings were given to the effect that a zero-tolerance approach would be taken to gender-based assaults.

The DPP is likely to consider the sentence ­imposed in this case, so it must be borne in mind that the legal process may not yet be concluded. The Oireachtas, therefore, must await due process, but TDs and senators need to act immediately should new laws be required to prosecute assaults such as that on Ms O’Brien.

She has told of the regular panic attacks she suffered and her fear of running into Crotty again after the attack, to the point that she had to give up her job, which involved late-night bar work.

Since the sentence was passed, Ms O’Brien’s courage and advocacy have been most impress­ive, and it follows that the growing campaign around her highlighted case must be listened to, heeded and acted upon.