Plans to honour Judge Tom O’Donnell, set to retire from Limerick Circuit Criminal Court this week, have been scrapped due to the controversy surrounding his choice to suspend the sentence of a military man who assaulted a woman to unconsciousness. It has been reported that legal insiders confirmed that court tributes for the judge would not be presented on Wednesday, amid concerns it would stoke what some consider undue criticisms. In acknowledgement of his 47 years of service as a judge and attorney for the District and Circuit Courts, a reception was held in a Limerick hotel the previous week.
A scheduled protest outside the courthouse on Wednesday and others over the weekend are likely responses to the three-year suspended sentence given to Cathal Crotty (22), a Defence Forces member, over his assault on Natasha O’Brien. O’Donnell demanded that Crotty of Parkroe Heights, Ardnacrusha, Co Clare, compensate Ms O’Brien with €3.000 for the incident, described as ‘absolutely shocking’. The judge, however, refrained from imprisoning Crotty upon learning the negative impact it would have on his military career. Ms O’Brien publicly expressed her dismay at the sentence and later demanded that Crotty be expelled from the Army.
In response, the Defence Forces commended Ms O’Brien’s courage and announced they were conducting their own investigations, likely to impact Crotty’s military career. It is anticipated within governmental circles that the sentence might be appealed by the Director of Public Prosecutions (DPP).
Ms O’Brien was physically assaulted by Crotty, a Defence Forces private at Sarsfield Barracks, Limerick, during her walk home from work. The court heard that Ms. O’Brien had “politely” asked Crotty to desist from yelling homophobic insults at others on the street. Crotty reacted by grabbing her by her hair and began hitting her. It was a male passerby who came to her rescue. However, Crotty bragged later that day in Snapchat messages to his friends: “Two to put her down, two to put her out.”
The presiding Judge criticised Crotty, denouncing him for his premeditated violent assault on a defenseless woman and condemning it as an act of cowardice, brutality, and senseless aggression. Sensations of dread and intrusion were reported by Ms O’Brien as a result of the terms of Crotty’s wholly suspended sentence.
Legal insiders have expressed understanding for Judge O’Donnell who found himself engulfed in a storm of public disapproval. However, they opposed some of the ensuing reviews directed at O’Donnell, especially those appearing online after the verdict was issued.
Taoiseach Simon Harris, speaking on the matter on Tuesday, extended his gratitude to Ms O’Brien. He praised her bravado for speaking out, highlighting its crucial role in bringing attention to several disturbing issues.
Mr Harris expressed a desire to discuss the court proceedings further. However, he emphasised that he wasn’t in a position to do so beyond mentioning that the Director of Public Prosecutions has the authority to challenge a sentence if deemed appropriate within a given 28-day timeframe.
Mr Harris emphasised that this incident has shed a severe light on the issue of violence in the Defence Forces. Moreover, he suggested that it calls into question critical issues which can’t simply be pushed under the carpet. In his opinion, there is no room in the Defence Forces for anyone found guilty of causing domestic, sexual or any kind of gender-based abuse.