View: Judiciary must stand unequivocally against gender violence and hate crime

Like so many other people across the country, I am appalled at the leniency shown to Cathal Crotty, the Private in the defence forces who punched a woman repeatedly on the head until she was unconscious.

Lest there be any doubt about this being a heat of the moment reaction that he later regretted, this is what Crotty boasted to friends on Snapchat two hours after the attack:“Two to put her down, two to put her out.”

And let us not forget, there were several instances of hate crimes against LGBTQA+ people surrounding this attack too. 

As a journalist, I see first hand how the justice system operates, and while it is by no means perfect, it works reasonably well most of the time. 

Every now and then, though, decisions are made that leave us scratching our heads.

The case of Cathal Crotty and his victim, Natasha O’Brien has led to a whole other level of collective bewilderment, and it is no wonder that people all over the country are taking to the streets in anger and in solidarity with Natasha O’Brien and with all victims of gender violence and hate crime.  

I have often heard and reported on judges outlining how they arrived at a particular sentence. Each crime carries a maximum sentence, and sometimes but not always, a minimum. The judge begins by considering where, based on severity, the crime should be placed on the scale. Next, they consider any mitigating and aggravating factors, and adjust accordingly. 

This is where the Cathal Crotty case goes so wrong.

Cathal Crotty is a member of the defence forces. His job is to defend the people of Ireland. That means all people regardless of their gender or sexuality. He has sworn an oath to do so, and has been trained and employed to do so at the expense of the people of Ireland via state coffers. And again, that means all the people. 

For his army career to be considered such a significant mitigating factor by Judge Tom O’Donnell that it led to Crotty’s sentence being fully suspended is beyond belief.

Surely the fact that he breached the trust placed in him as a sworn defender of the people is a major aggravating factor. Add to that the fact that Crotty is trained in combat.

It was heard in court that he delivered six right hooks to the same area of Natasha O’Brien’s head while holding her by the hair and calling her ‘a dirty lesbian.’ This followed her request that he stop using homophobic language against another person in the vicinity.

Surely these too are major aggravating factors, as was his initial false claim that she started it by hitting him first. 

So many members of An Garda Síochana are doing their best to help victims of gender violence and victims of hate crime. Officers are being specially trained, reporting systems are being put in place.

It is worth noting that Natasha O’Brien, in the midst of her shock at the suspended sentence, thanked Garda Brian Carroll who responded to the assault and who has been a constant support to her throughout the process. 

I have heard similar remarks and had conversations to that effect with women here in Donegal. 

Going through the justice system is very hard on people who are already in a really dark and exhausting place, be it from the stress of living with domestic violence and trying to escape from that situation, or from the trauma of a one-off, life changing assault.

Minister for Justice Helen McEntee said it was wonderful to see so many women coming forward in support of Natasha O’Brien.

Ms O’Brien on the other hand, said that it is an appalling reflection on the justice system that all these women can relate so easily to her circumstances, and I couldn’t agree more. 

I have written before about gender violence, and had as much negative feedback as positive, and the same goes for writing about hate crimes against LGBTQA+ people. 

Why does it anger some people so much when this behaviour is called out? Why are some people so affronted by the idea that other people should be able to go about their lives without being targeted verbally and physically because of their gender or sexual orientation? 

Natasha O’Brien said that people have told her that when she heard those homophobic remarks, she should have kept her mouth shut. She said she would do it all over again because it is the right thing to do. 

And thanks to her courage, this crime has been aired; this member of the defence forces has not been allowed to hide behind a wall of silence that allows far too much hate and violence go on, unchecked, all around us. 

The justice system has let Natasha O’Brien down but the people - the right-thinking, decent people - have made their own judgement.