Editorial: Justice system fails victim as Defence Forces private walks free

It was somewhat ironic, that only days after Natasha O’Brien had to publicly challenge the lenient sentencing of the man who violently assaulted her, a tribunal of inquiry was commenced into how the Defence Forces deals with claims of abuse.

Ms Justice Ann Power formally opened the inquiry on Monday, calling on anyone with knowledge, documents or information relevant to the Tribunal to submit a written statement before August 16.

"This is the opportunity to be heard," she said. "To participate in the fact-finding process that aims to establish the truth about the complaints' process and the culture around the making of specific complaints in the Defence Forces."

Ms O’Brien would have expected to be “heard” when she gave evidence of the horrific assault in 2022 that would leave her unconscious, and, which, in those moments as she was brutally pummelled by an off-duty member of the Defence Forces, thought she would die.

Instead, after the arduous process of statement giving, garda investigation and court case, she watched as her assailant was given leniency for pleading guilty.

She listened as the judge expressed that the defendant, Cathal Crotty, 22, of Parkroe Heights, Ardnacrusha, Co Clare, would likely lose his career if he was to serve a jail sentence.

Crotty had left Ms O’Brien with a broken nose, concussion, swelling and bruising to her head following the random attack.

Hours after the assault, he posted on Snapchat: “Two to put her down, two to put her out.” Ms O’Brien had been walking home with a friend on the night she was attacked. The young soldier was shouting homophobic slurs at another man when he was asked to stop by the victim and her friend.

“The vicious, sinister look in his eyes, the pure rage. I’ll never forget it. He relentlessly beat me until I lost consciousness,” Ms O’Brien said.

Crotty walked from court with a three-year fully suspended sentence.

While Judge Tom O’Donnell described the assault by Crotty as appalling, vicious, cowardly and totally unprovoked, he also said that he took into account his plea of guilty, his lack of previous offences and the fact that a custodial sentence would most likely end his army career.

Thousands of people took part in protests around the country to show their outrage at the sentencing and to express support for Ms O'Brien.

Joining protesters, Ms O'Brien said: “I chose to speak up because I couldn't imagine the impact on other victims. This is enough. This is the time for it to end. They (the Department of Justice) are not listening to us."

The sentencing has seen a renewed call for the prohibition of character references in domestic and gender-based violence cases.

Minister for Justice Helen McEntee responded that new laws coming will mean that a person giving a character reference must be willing to be cross-examined in cases of domestic or sexual violence and violence against women.

ROSA (socialist feminist movement) spokesperson Ruth Coppinger said the justice system gives more weight to the lives and feelings of violent men than to their victims.

It is hard to argue otherwise when a case of the severity of Crotty’s is not considered serious enough to warrant a custodial sentence.

It also sends a very negative message to other women who may feel trapped in a cycle of gender-based or domestic violence.

Ms O’Brien has been applauded by politicians for having the courage to speak out for other women. But Ms O’Brien should not have to speak out or protest for justice to truly prevail in our court and legal system.