The Defence Forces has begun internal proceedings in relation to a serving soldier who pleaded guilty to beating a woman unconscious in a random street attack for which he received a fully suspended sentence.
In a statement, a spokesperson said such proceedings could not commence until after a judge had rendered their sentence when a serving member was in court for a civil offence.
It said that, following this, "various options" are available to the Commanding Officer, as outlined in Defence Forces Regulations, and that the duration of the internal proceedings depends on the specifics of the sentence imposed.
The spokesperson also reiterated that the Defence Forces commends Natasha O'Brien for her bravery and hopes for her full recovery from the injuries sustained.
Ms O'Brien yesterday said it was "not justice" after Cathal Crotty, who beat her unconscious and boasted about it on social media, walked free from court after being given a fully suspended sentence.
Crotty, 22, of Parkroe Heights, Ardnacrusha, Co Clare, had initially tried to blame Ms O'Brien, by wrongly telling gardaí who arrested him that she had instigated the attack on O'Connell Street in Limerick on 29 May 2022.
However, after Crotty was shown CCTV footage of him setting upon her without provocation he admitted his guilt, Limerick Circuit Criminal Court heard.
"The Defence Forces unequivocally condemn any actions by serving personnel that are contrary to or do not reflect our values," a Defence Forces spokesperson added.
The Defence Forces also said that when serving soldier is in court, an officer attends as a Liaison Officer (LO) to provide the court with the individual's service details, conduct rating and information of any previous convictions, which is required under regulations.
It said the LO in yesterday's case - Commandant Paul Togher - was present in that capacity and also required to report back to the relevant Defence Forces authorities on any fines or convictions imposed, as they may have implications for the individual's retention and service.
No appeal has yet been lodged by the Director of Public Prosecutions against the leniency of the sentence imposed on Crotty.
The DPP has 28 days after sentencing to lodge such an appeal and 56 days in some circumstances.
'Vicious attack'
Tánaiste and Minister for Defence Micheál Martin said that he "condemns unequivocally" the "shocking attack" on Natasha O'Brien.
Mr Martin said: "It was a violent and vicious attack, unprovoked."
Speaking on RTÉ's News at One, he commended Ms O'Brien's "bravery, courage, and dignity in the face of such an assault and the manner in which she has conducted herself since".
Asked if a disciplinary process had begun in relation to the serving soldier, the Tánaiste said: "It's very clearly laid down in Defence Force regulations and I read them myself in terms of what happens when a member of the Defence Forces is before the civilian authorities, before the courts.
"There's a very clear process in place in terms of how the military responds to that, and that is now under way."
The Tánaiste said that he had spoken to the Defence Forces Chief of Staff who informed him "of the process that has commenced and the degree to which Defence Force regulations has governed that part of the process".
He added that he could not comment on this process "for fear of prejudicing the outcome".
This, he said, needs to be "allowed to be concluded".
Taoiseach Simon Harris has thanked Ms O'Brien for coming forward saying it was really important that survivors of gender-based violence are heard.
Mr Harris said he was precluded from being able to comment on the sentence, because it was open to the DPP to appeal the sentence.
Speaking in the Isle of Man, Mr Harris said: "We are living in a country where there is still an epidemic of gender based violence."
He said "each and every single person in our society and every single person no matter what role you're in, has a role to play in relation to this. And I know as a government, we remain absolutely determined to create a society where there is a zero tolerance approach in relation to this."
On the Defence Forces, the Taoiseach said: "We should always expect people in our Defence Forces to be people of the highest standards, highest integrity and respect."
Earlier, Minister for Justice Helen McEntee commended Ms O'Brien for speaking openly and bravely following the "vicious" assault on her.
"It’s so important that victims of violence come forward," she said, adding that she could not comment on the case as there is a clear separation of powers.
Speaking on RTÉ’s Today with Claire Byrne, Minister McEntee said: "I cannot commend her enough for what she has done. And the bravery that she has shown. It is always open to the DPP to appeal a sentence. I say that broadly.
"It is so important that we support victims and that we encourage them to do what Natasha has done, as difficult as it has been, and it is important to acknowledge somebody has been found guilty here, there has been a prosecution, there has been a conviction for this brutal and unprovoked assault on a young woman who walking down the road which shouldn't have happened.
Pressed on whether Crotty should still be in the Defence Forces, Ms McEntee said that it was not a matter for her to say.
The Tánaiste has said he has spoken to Defence Forces Chief of Staff Lieutenant General Seán Clancy in relation to Crotty's conviction.
Micheál Martin said he unequivocally condemned what he described as the violent and vicious attack on Ms O'Brien, describing it as "shocking and unprovoked".
"I am conscious that the judicial process may not yet be complete and I cannot comment any further because of course it could prejudice any further deliberations at that level", he added.
"I have spoken with the Chief of Staff and he has informed me of the process, that it commenced, and the degree to which the Defence Forces regulations have governed that part of the process', the Tánaiste said, adding that the process would "address issues that arise."
Additional reporting Paschal Sheehy
