Senior counsel to examine cases where Defence Forces members have convictions or are before courts (2024)

There has been a “lack of proactive management” by the Defence Forces of cases where its personnel have convictions or are before the courts, according Tánaiste and Minister for Defence Micheál Martin.

Mr Martin made the criticism as he said he has appointed a senior counsel, Peter Ward, to conduct a “comprehensive and independent” examination of the administration of such cases within the Defence Forces.

It has emerged this week that 68 soldiers have been convicted of crimes or are currently before the courts charged with offences after a review covering the last two years was carried out.

At a press conference in Dublin, Mr Martin said that he has now asked for a review of such cases from previous years though he did not specify a timeframe other than to say it should be “within reason”.

The review of convictions and ongoing cases involving soldiers was carried out amid public anger over the case of Cathal Crotty, a serving soldier who was spared jail after beating a woman, Natasha O’Brien, unconscious. The Defence Forces is currently in the process of discharging him from the service.

In a separate case it was revealed this week that a naval noncommissioned officer remained in in his role almost a year after pleading guilty to a violent attack on a former girlfriend that left one of her eyes permanently displaced.

Of the 68 cases that were identified in the review covering two years Mr Martin said less than a third of the cases have concluded and the majority are still before the courts.

He said: “Suffice to say that some of the cases are very grave and serious”.

“And from our analysis, the reports illustrate a lack of pro-active management of these cases across the Defence Forces.

“The lack of a central database and flow of information and data and collection of data in response to very serious issues and an inconsistent approach to the application of existing mechanisms in terms of dealing with such cases.”

Mr Martin said that he had instructed the Defence Forces Chief of Staff, Lieutenant General Seán Clancy, ahead of a meeting on Monday, to make sure that personnel accused of sexual assault or rape be placed on “what is termed local leave without prejudice to the final outcome of their case”. He said this is “the prudent and right thing to do”.

He said he has appointed Mr Ward to examine the administration of such cases within the Defence Forces and for him to “revert back to me in respect of recommendations in terms of enhancing and improving the regulatory framework or any other matters that comes to his attention”.

Lieut Gen Seán Clancy later said in a statement welcoming Mr Ward’s appointment: “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”.

Mr Martin said there has been “much talk” and “a lot of briefing” about regulations.

He said he was not “not informed at any stage about issues about the capacity to discharge” until the emergence of the two assault cases that have been in the news this week, the one involving Crotty and the other one involving the sailor.

Mr Martin said it is clear to him that there are existing mechanisms for dealing with such cases.

Taoiseach Simon Harris said that soldiers currently serving in the Defence Forces who have been convicted of crimes should now be dismissed.

Asked for clarity on the Government’s position and what type of convictions warrant expulsion, Mr Martin replied: “That is why I have appointed a senior counsel. There will have to be a detailed examination of that.

“I think anybody involved in sexual assault, or serious offences, in my view, and particularly rape or sexual assault should be immediately taken out of service without prejudice.”

Mr Martin also said there is “a range and a spectrum of cases” among the 68 from assaults, some “very serious”, and sexual assault to drink-driving offences, intoxication, “some drug possession charges, one or two burglaries”.

Mr Martin made the point that there are 7,500 members of the Defence Forces and the 68 cases are “about 1 per cent”.

“That is not to in any way understate it because I think there has to be a higher standard for the Defence Forces, as for the gardaí, because these are forces that are there to protect society.”

Meanwhile, all senior military officers were summoned from around the country to appear before the Defence Forces Chief of Staff today in response to the controversy over the continued service of military personnel with serious criminal convictions.

Officers were to gather at Baldonnell Aerodrome for an address by Chief of Staff Lieut Gen Seán Clancy and the Defence Forces Director of Legal Services Col Richard Brennan.

Sources said the purpose of the meeting is to reiterate the organisation’s policy of “zero tolerance” for violence, intimidation and discrimination and to remind senior officers of their legal obligations in this regard, including when dealing with personnel charged in the civilian courts.

The calling of a last-minute meeting on the issue has caused some consternation in the officer corps. However, military management considers it necessary to help address the controversy that began following the Crotty sentencing last week , sources said.

[Justine McCarthy: Cathal Crotty picked on the wrong woman and that is to be his enduring punishment]

Separately, it is understood the Government is considering introducing a statutory instrument to amend Defence Forces Regulations and allow for personnel to be suspended if charged with a serious offence.

Currently there is no provision to suspend a serving member. This is in contrast to An Garda Síochána where the commissioner has the power to suspend members as soon as they are placed under investigation for an offence.

Similar provisions for the Defence Forces would allow management to suspend personnel at a much earlier stage and, if appropriate, to discharge them on conviction.

Meanwhile, the Women of Honour, a group of female Defence Forces veterans who previously came fowards with allegations of widespread abuse, harassment and bullying in the organisation, has called for a breakdown of the 68 cases, including how many personnel facing charges are continuing to carry out regular duties.

The group also said the ongoing Tribunal of Inquiry into abuse in the military should be expanded to examine crimes committed against civilians.