There should be no tolerance for serving Defence Forces members convicted of serious offences, according to the victim of a violent street attack carried out by two soldiers.
PJ Byrne was knocked unconscious during the incident which involved two off-duty Irish troops outside a Dublin nightclub in 2012. His friend and another woman were also attacked in the incident.
Both soldiers were spared prison after Judge Martin Nolan noted it would impact their Army careers. They continued to serve in the Defence Forces after the conviction.
Mr Byrne said he did not believe people convicted of serious offences should be permitted to remain in the Defence Forces. “You should be held to a higher standard. Even if you might get drunk and go out make a mistake, the onus is on you.”
The 32 year old from Co Clare was speaking following the controversy over the conviction of former Army private Cathal Crotty who received a suspended sentence last month for beating a woman unconscious in Limerick city.
Crotty (22) violently attacked Natasha O’Brien (24) on the street after she asked him to stop shouting homophobic abuse at passersby, a court heard.
Noting the impact a custodial term could have on the soldier’s career, Judge Tom O’Donnell imposed a three-year suspended sentence and ordered Crotty to pay €3,000 compensation to Ms O’Brien.
The case prompted significant public and political controversy, with thousands taking part in protests in support of Ms O’Brien.
The Director of Public Prosecutions (DPP) has since lodged an appeal against the leniency of the sentence. Meanwhile, as of last Thursday, July 11th, Crotty has been dismissed from the Defence Forces following an internal disciplinary process.
In the aftermath of Crotty’s sentencing, the Defence Forces informed the Government of 68 cases of serving personnel with criminal convictions or pending cases. Tánaiste Micheál Martin has ordered that all Defence Forces members with pending cases be put on immediate leave until their cases are finalised. Taoiseach Simon Harris has said no one with a serious conviction should be a member of the Defence Forces.
Mr Byrne, who now lives and works in Bahrain, was out with friends at a Dublin nightclub in February 2012 on the night of the attack. He was standing outside after closing and talking to two women when he was assaulted and knocked unconscious. When he came to, he saw his friend had also been badly beaten and had a broken nose.
Andrew Gilmore (25) whose address was listed in court as Gormanston Army Barracks, Co Meath, and Michael Kearney, of Carlton Crescent, Strabane, Tyrone, later pleaded guilty at Dublin Circuit Criminal Court to violent disorder at Central Bank Plaza, Dublin.
They were also charged with assault causing harm, but these charges were not pursued by the State after the other pleas were entered.
Judge Martin Nolan imposed a deferred sentence, which spared both men prison. Gilmore was ordered to pay more than €3,000 while Kearney, who played a lesser role in the incident, was fined €500.
Judge Nolan said he was imposing the sentences with the objective of giving the men a chance to save their careers. He said the matter was now up to the Army.
Mr Byrne said at the time he found the sentence “a bit disheartening and a bit shocking”. He said he did not want to see the defendants’ lives ruined but that some sort of example should have been set by the judge. He later learned both men remained in the Army for years after the conviction.
Mr Byrne said military personnel convicted of violent crimes should be discharged. “I know it might sound harsh. People get drunk and make mistakes. But at the end of the day, the fundamental aspect of joining the Army is to protect your country and protect the public.
“It doesn’t set a good precedent and standard for people who are aspiring to join the Army.”
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