Concerns have been raised over the practice of allowing members of the Defence Forces who have been convicted of serious crimes to continue serving. A man subjected to an intense street assault by two soldiers voiced his disapproval of the matter. PJ Byrne, along with a friend and a woman, fell victim to off-duty Irish troops outside a nightclub in Dublin in 2012, which left him unconscious.
Although convicted, the two soldiers avoided imprisonment and were permitted to resume their roles in the army. Despite a sympathetic acknowledgement from Judge Martin Nolan considering the adverse effect on their military careers, Byrne felt that these convictions should have prohibited them from staying on in the Defence Forces. He shared his belief that personal accountability should be a higher priority for these individuals, regardless of their actions during intoxicated states.
Byrne’s statement came in the wake of a heated debate stirred by the suspended sentence received by former army private Cathal Crotty last month, for violently beating a woman in Limerick city. Natasha O’Brien (24), the victim of the attack, had asked Crotty (22) to quit vehemently shouting homophobic slurs at passersby, the court was told.
In light of potential consequences to Crotty’s army career, Judge Tom O’Donnell gave a three-year suspended sentence and ordered €3,000 euros repayment to O’Brien, instead of prison. This sentence incited significant public dissent and political uproar, resulting in large-scale protests backing O’Brien. In response to the controversy, the Director of Public Prosecutions (DPP) has appealed against the perceived leniency of the sentence. As of July 11th, Crotty was expelled from the Defence Forces subsequent to internal disciplinary action.
Following the sentencing of Crotty, the Defence Forces notified the Government of 68 disclosed or pending criminal cases involving their active military personnel. Deputy Prime Minister Micheál Martin instructed that all military staff with open cases should be given immediate leave until legal resolution. Prime Minister Simon Harris emphasised that no one carrying a severe conviction can continue to serve in the Defence Forces.
Mr Byrne, now a Bahrain resident, was socialising with friends in a Dublin club in February 2012 when he was attacked outside. On regaining consciousness, he found his friend also severely beaten, including a broken nose.
Andrew Gilmore (25), associated with Gormanston Army Barracks, Co Meath, and Michael Kearney, from Strabane, Tyrone, later admitted to violent behaviour at Central Bank Plaza, Dublin, in Dublin Circuit Criminal Court. They were initially charged with assault, but these were dropped after other pleas were presented. Judge Martin Nolan issued deferred sentences, allowing both individuals to avoid jail. Gilmore was instructed to pay over €3,000, while Kearney, with less lead in the episode, received a €500 fine.
Judge Nolan passed these sentences in the hope of giving both men an opportunity to rescue their occupations. He noted the Army would now have to decide on this issue.
At the time, Mr Byrne stated that he considered the sentence disheartening and shocking and wanted some form of an example to be set by the judge. However, he did not desire their lives being ruined as a result of the outcome. He then learned both men ended up serving in the Army for several more years post-conviction.
Mr Byrne advocated for the discontinuation of service for military personnel guilty of violent offences, outlining that although it may seem harsh, the primary objective when joining the Army must be to safeguard the country and its citizens. He stressed that this does not set an exemplary standard for those striving to enrol in the Army.
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