A serving soldier who beat a woman unconscious in a random street attack, and boasted about it on social media, has walked free from court after being given a fully suspended sentence which the victim described as "not justice".
Cathal Crotty, 22, of Parkroe Heights, Ardnacrusha, Co Clare, had initially tried to blame the victim, 24-year-old Natasha 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.
Hours afterwards, he boasted about the attack to friends on Snapchat.
Crotty, who had been drinking alcohol throughout the evening in question, has never given a full explanation for the assault in which the victim was punched up to six times.
Watch: Natasha O'Brien reacts outside of court to the sentence imposed on Cathal Crotty
It appears he lashed out at Ms O'Brien, of North Circular Road, Limerick, after she and a friend of hers had "politely" asked him to stop shouting homophobic abuse at other people in the street, the court was told.
Ms O'Brien, who was not known to Crotty, was walking home with a female friend after working a shift at a pub when he violently assaulted her.
The victim sustained injuries, including a broken nose and bruising, and suffered nightmares and panic attacks afterwards. She said she thought that Crotty was going to kill her.
Crotty fled when a male passer-by intervened, but his friends remained at the scene.
Victim thought she was 'going to die'
Ms O’Brien told the court: "When Cathal Crotty attacked me I went into a state of shock. I couldn't understand why this was happening to me. I felt completely helpless, feeling like I was being used as a punching bag, I didn't feel human.
"As I lay in the foetal position, and losing consciousness, he continued his relentless beating. My last conscious thought was 'he’s not stopping, I’m going to die’.
"The physical injuries I sustained were devastating; a severe concussion, a broken nose, severe swelling, and bruising on both arms, shoulders, head, right upper thigh, left eye, cheek and jaw.
"I spent the following weeks and months attending hospital and doctor appointments, and due to persistent concussion symptoms I was deemed 'high-risk’ for a brain bleed, and I received a battery of tests including a head CT scan.
"I lived in constant fear that it could still result in my death. Cathal Crotty’s actions left me in a place of darkness. I have been suffering symptoms of PTSD, and I’ve had to attend multiple therapists since the attack.
"A sense of constant dread and isolation was unlike anything I have ever experienced and I spiralled into self-destructive behaviours and lost all interest and motivation for life.
"Basic tasks at work became incredibly difficult and I ultimately lost my job due to my rapidly declining performance. I became numb and detached from reality, living in perpetual fear of seeing him again.
"He may not remember, but my memory of the vicious, sinister look in his eyes as he approached me will haunt me forever.
"I consider myself incredibly fortunate to be here today to have my voice heard, I am lucky to be alive and I believe the male passer-by, who intervened, saved my life.
"I am here to seek justice, not just for myself, but to protect others from violence and malice I experienced," she said in her victim impact statement.
Lily Buckley, prosecuting barrister, told the court the evidence was that Crotty delivered "six right hook punches" into Ms O'Brien's head.
She told the court that Ms O'Brien "screamed" at Crotty to "please stop" but he ignored the victim's pleas.
"She said she (Ms O'Brien) felt as if her head and face were on fire, she was utterly dizzy, and the last thing she remembered was pleading with (Mr Crotty) to please stop and he would not stop," Ms Buckley said.
Crotty was arrested on 19 June 2022 and during his initial interviews with gardaí he claimed Ms O'Brien had been confrontational and that she had punched him in the face first.
Ms Buckley said Crotty accepted this initial account to gardaí "was all wrong" after they showed him CCTV footage of the incident.
Crotty admitted to gardaí that he "punched" Ms O'Brien "four times". He also admitted: "I hit her when she fell."
Crotty told gardaí he realised he had "f****d up" and he ran off.
When gardaí asked him what he did to Ms O'Brien after she had fallen to the ground, Crotty replied: "I hit her again … in her face."
"The accused told gardaí he ran away because he didn't want to get into trouble, but his friends stayed behind," Ms Buckley said.
"He said his name had been blackened around Limerick and when asked why, he replied, 'I hit a girl - not a good look'."
Three-year suspended sentence imposed
Judge Tom O’Donnell wished Ms O’Brien well and asked her if she understood "the significance" of Crotty’s guilty plea in that it had eliminated the necessity for a trial which would have compounded her trauma, and that if Crotty had contested the case, it would have been prolonged by approximately 18 months.
The victim said that while she understood this, she had already not only suffered from the aftermaths of the attack, but "two long years of trauma" waiting for the case to conclude.
The court heard that Crotty remains a soldier based at Sarsfield Barracks in Limerick.
His superior, Commandant Paul Togher, gave evidence that he was an "exemplary, courteous, professional and disciplined" soldier.
Comdt Togher said he was "exceptionally disappointed and surprised" by the evidence he had heard as it was "very out of character" for the defendant, adding that he was most disappointed as Crotty, as a solider, "is expected to keep people safe".
Crotty's barrister Donal Cronin said his client, who was accompanied in court by his mother, was "ashamed and embarrassed and offers his interest apologies to the victim".
Asking the court not to jail Crotty, Mr Cronin said: "He is at a crossroads in his life and a custodial sentence will have very serious consequences for his life and his career."
Judge Tom O'Donnell, said that Crotty’s actions on the night were "utterly appalling" and he had "no doubt" that if he imposed a jail sentence on him, his army "career is over".
"He took pride in striking a defenceless female in what was a cowardly, vicious, unprovoked and totally unnecessary assault," the judge said.
Judge O’Donnell said Crotty deserved "no credit" for initially trying to deflect blame on Ms O’Brien but that he "must be given credit" for pleading guilty to assaulting her, causing her harm, which carries a maximum five-year jail sentence.
He remarked that he had a "huge judgement call to make" in respect of the defendant's future.
The judge said he had to "take into account" that Crotty had no previous convictions, his army career and his early guilty plea.
Judge O’Donnell imposed a three-year prison sentence, which he suspended in its entirety, and ordered Crotty to pay €3,000 compensation to Ms O’Brien without prejudice to any potential civil court proceedings.
He faces the prospect of his suspended term being activated in its entirely should he reoffend within the next three years.
Suspended sentence 'not justice' - victim
Speaking afterwards, Ms O'Brien criticised the sentence saying: "I lost my job because of his actions, because I was so impacted by what he did, but this judge doesn’t want to jail him because it will mean he will lose his job."
"That’s not justice," she said.
Ms O'Brien said she was "glad" she used her "voice" in court and that the public would know what Crotty had done.
However, she said the court had sent "a message" to him and anyone else that they could attack women in public and not be jailed.
"The lack of justice is horrific, in spite of the seriously appalling cold hard evidence. There was a complete disregard for the gravity of Crotty's actions."
Ms O'Brien said the court "was utterly sympathetic to Crotty, commending him on his guilty plea" and that it had explained that "a full sentence would destroy his career in the Irish Defence Forces".
She said she felt "there was no true regard given for the seriousness of his violent crimes nor the lifelong trauma" that she is "now forced to suffer".
Ms O'Brien said she wanted to thank Garda Brian Carroll, Henry Street Garda Station, who had responded to her at the scene and stayed with her until she was taken by ambulance to hospital.
"Garda Carroll was fantastic, he kept me updated all the time, he did brilliant work in this case right through to its conclusion," she added.
In a statement this evening, the Defence Forces said it commends "the bravery of the victim in this case, and hope for her full recovery from the injuries sustained."
It also said it unequivocally condemns "any actions by serving personnel that are contrary to or do not reflect our values."
