Tánaiste and Minister for Defence, Micheál Martin, has publicly criticized the Defence Forces, accusing these of not adequately handling cases whereby personnel have been convicted or stand trial. Appointing Peter Ward, a senior counsel, Martin is calling for an “all-encompassing and impartial” review of the handling of such cases within the Defence Forces. This action has been prompted due to the disclosure this week, that over a two-year period, 68 servicemen were either convicted of criminal offences or face court charges.
Without specifying the backdated term, Martin called for a scrutiny of past cases at a press conference in Dublin, stating only that it should be “reasonably recent”. Public outrage had been ignited over the incident involving Cathal Crotty, a soldier who avoided imprisonment despite assaulting a woman, Natasha O’Brien, knocking her unconscious. The Defence Forces are currently removing him from service.
Also disclosed this week, was the instance of a naval officer remaining in position for nearly a year post plea of guilty to a brutal assault on his ex-girlfriend, causing her to suffer a permanently dislodged eye.
Among the 68 cases that the two-year review identified, Martin stated that fewer than a third have reached a conclusion, with the majority ongoing. He commented, “It’s clear that some of the cases are serious and severe” adding that, “From our insight, the reports show a void in proactive handling of these cases within the Defence Forces.”
Citing insufficient central records, a lack of data management, and inconsistent applied protocols in addressing such cases are issues identified by Martin. He instructed Lieutenant General Seán Clancy, the Chief of Staff of the Defence Forces, to ensure that personnel accused of sexual assault or rape be sent on what is regarded as “local leave without prejudice to the end result of their case”. He emphasized this as being “a sensible and appropriate measure”.
Mr Martin has disclosed that he has tasked Mr Ward with scrutinising the handling of specific cases within the Defence Forces and subsequently providing him with suggestions for refining and enhancing the existing regulatory framework or any other issues that may emerge. Although there has been considerable discussion and briefing around these regulations, Mr Martin confirmed he had not been made explicitly aware of any issues regarding the ability to handle such cases until two recent assault cases appeared in the media, one involving Crotty and the other featuring a sailor. He asserted that there are established procedures for managing such incidents.
Taoiseach Simon Harris recommended that any Defence Forces personnel currently serving and carrying a criminal conviction should be discharged. When asked to elaborate on the Government’s stance and clarify which types of convictions merit dismissal, Mr Martin responded by saying this is the exact reason he sought the services of a senior legal counsel for thorough examination. He expressed his personal perspective that individuals found guilty of serious crimes, notably sexual assault or rape, should be immediately dismissed from service, without prejudice.
Mr Martin acknowledged the varying severity and type of the 68 cases under review, which range from serious assault and sexual assault cases to drunk driving offences and minor burglaries. He underlined that these account for about 1% of the total 7,500 Defence Forces personnel. Whilst not minimising the gravity of the situation, he emphasised that our Defence Forces, like the Gardaí, must meet higher standards as they are tasked with protecting society.
In light of the ongoing controversy over military personnel continuing to serve despite carrying serious criminal convictions, all high-ranking military officers were called to attend a meeting with the Chief of Staff of the Defence Forces, Lieut Gen Seán Clancy, and do so at Baldonnell Aerodrome. The meeting was also attended by the Defence Forces Director of Legal Services, Col Richard Brennan.
Insiders have stated that the aim of the meeting is to emphasise the institution’s policy of absolute intolerance towards aggression, coercion and prejudice, and to remind higher-ranking officials about their legal responsibilities related to this, especially when handling staff accused in civilian courts. The decision to convene a sudden meeting has sparked some disconcert in the ranks of officers. Nonetheless, military management believes this step is crucial to alleviate the public furore that has erupted in the aftermath of the Crotty verdict last week, according to insiders.
In a separate development, it has come under the knowledge that the government is contemplating the deployment of a legislative tool to alter Defence Forces Regulations, thereby enabling the suspension of staff if indicted with a grave crime.
At present, there is an absence of a clause to suspend a serving member. This is in stark contrast to An Garda Síochána, where the commissioner possesses the authority to suspend members the moment they become subjects of an offence investigation.
If similar provisions were made available to the Defence Forces, it would empower management to suspend staff at a much early phase and if suitable, dismiss them upon conviction.
In the meantime, a faction of female Defence Forces retirees known as the ‘Women of Honour’, who earlier exposed allegations of rampant exploitation, provocation and antagonism within the institution, has demanded a detailed explanation of the 68 cases more specifically how many employees facing charges are still performing their day-to-day responsibilities.
This group has also demanded that the existing Tribunal of Inquiry investigating abuse in the military should extend its purview to consider crimes perpetrated against civilians.