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SC appointed to 'urgently examine' Defence Forces cases

Simon Harris said there should be no place for people with convictions in the Defence Forces
Simon Harris said there should be no place for people with convictions in the Defence Forces

A senior counsel has been appointed by the Tánaiste and Minister for Defence to "urgently examine" the administration of court cases involving Defence Forces personnel charged or convicted of serious offences.

Micheál Martin said he has appointed Peter Ward to the role as a detailed examination is needed.

Last week, Cathal Crotty, who beat Natasha O'Brien unconscious and boasted about it on social media, walked free from court after being given a suspended sentence.

The Defence Forces is in the process of examining the future of Private Crotty.

It previously said that it had to wait until due process had been completed in a civilian court of law.

Mr Martin's announcement also follows revelations that 68 members of the Defence Forces have been convicted or are before the courts for a range of offences.

Mr Martin said he believed anyone involved in serious offences, particularly rape or sexual assault, should be immediately taken out of service without prejudice.

"I've done that once I've become aware of this in terms of the instruction I’ve given the Chief of Staff last evening in terms of those currently facing such charges to be out on what is termed as local leave. They are on leave essentially until the case is completed."

He said he is meeting the Chief of Staff of the Defence Forces Lieutenant General Seán Clancy on Monday to discuss this further.

Lieutenant General Clancy has said he welcomed the appointment of Mr Ward to examine the administration of cases involving Defence Forces personnel.

In a statement, he said: "I agree with the remarks by An Tánaiste regarding the unacceptable presence of personnel with serious convictions including gender-based violence within the Defence Forces.

"Such individuals have no place in our ranks"

Cathal Crotty
Cathal Crotty walked free from court after being given a suspended sentence

Mr Martin also said the review of serious cases involving members of the Defence Forces will be historical and delve deeper than two years, but did not indicate exactly how far back this will go.

More generally, he said there are certain dysfunctions within some aspects of the Defence Forces structures and there is also some resistance to cultural change but he said he is going to "plough ahead" with proposed changes.

Existing mechanisms to deal with very serious offences such as sexual assault and rape were used "inconsistently" across the Defence Forces, Mr Martin said.

There is a need for a comprehensive independent review to "inform in a proper way any changes that may be necessary to enhance and improve existing regulations", he added.

Some of the 68 cases involving Defence Forces personnel are "very grave", Mr Martin said, and the reports illustrate a lack of proactive management info these cases across the Defence Forces, a lack of a central database and an inconsistent approach to applying mechanisms when dealing with these cases.

He said he is still seeking further clarity and has sought the advice of the Attorney General as less than a third of these cases have concluded.

No place for 'serious' convictions - Taoiseach

The Taoiseach has said there is a need for "serious consideration" about allowing members of the Defence Forces to continue serving if "serious allegations" are made against them.

Speaking in Brussels, Simon Harris said there should be no place for people with convictions in the Defence Forces.

"There is no place, in my view, for people who have convictions in our Defence Forces. Particularly convictions in relation to domestic, sexual and gender-based violence," Mr Harris said.

He added: "And I also think there is serious consideration together we need to give, and I accept this may require change on our end too, in relation to if there are serious allegations made against somebody.

"What happens to them in the period of time before that allegation goes to court? How can they possibly continue to serve? Is there need to change regulations in that space, there may be."

"We're going to get to the bottom of this and we're going to get it right," the Taoiseach said.

Mr Harris said he has been in daily contact with Mr Martin regarding this issue.

"My understanding is that he’s received some information from the Defence Forces which is currently being analysed because we’ve got to get this right," he said.

"I have nothing but respect, and indeed pride, for the many thousands of men and women who serve in Óglaigh na hÉireann. Who serve with distinction on a daily basis at home and abroad.

He added: "And I think as Taoiseach, the best thing I can do for them is make sure these matters are not allowed lie. That it’s not accepted and that it’s called out.

Mr Harris said it was vital that a "cultural change" take place in the Defence Forces and Irish society as a whole.

"Zero tolerance is the cultural change that must become embedded in every part of Irish society, including the Defence Forces. But we are not where we need to be in relation to zero tolerance," he said.

"People in every aspect of Irish society need to know that zero tolerance is not just something they talk about in the Dáil, it’s something you have a responsibility to implement in your workplace as well."

Mr Harris cited the findings of last year’s independent review into gender-based violence, harassment and bullying in the Defence Forces which recommended a full statutory inquiry into the controversy.

He maintained that he was "very concerned" and added that he will await the full report in detail from Mr Martin who is due to meet with the Chief of Staff of the Defence Forces Lieutenant General Seán Clancy.

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Chief Executive of the Rape Crisis Centre Rachel Morrogh has welcomed the action taken by the Tánaiste in response to serving members of the Defence Forces that are facing charges of sexual assault and rape.

However, she also questioned why this action had not been taken sooner.

"A zero tolerance approach to sexual violence is a commitment that the Government has made to us all and there is no opt-out clause," she said.

Ms Morrogh said a strong message needs to be heard across the country this evening and every evening for as long as it takes "that sexual violence will not be tolerated and if it does occur that there will be considerable consequences".