Limerick judge Tom O’Donnell ends career on a somber note with controversial ruling in Crotty case – The Irish Times

“Clearly he made a mistake, but to leave like that is a bit grim.”

That was the view of an experienced criminal barrister about Judge Tom O’Donnell, who retired on Wednesday, a week after delivering a controversial verdict in the Limerick Circuit Criminal Court.

The decision to fully suspend the three-year sentence of soldier Cathal Crotty (22), of Parkroe Heights, Ardnacrusha, Co Clare, for his brutal attack on Natasha O’Brien (24), has sparked outrage across the country and been the subject of debate and criticism in the Dáil, with the victim watching from the public gallery and receiving applause from the assembled tank destroyers on Tuesday.

The May 2022 attack occurred after O’Brien and his friend asked Crotty, whom they did not know and who had been drinking alcohol, to stop shouting homophobic slurs at people on O’Connell Street in Limerick.

O’Brien suffered a broken nose and a concussion, and as she was losing consciousness, she thought that Crotty, who was still beating her, was going to kill her. Hours later, on Snapchat, Crotty boasted about punching O’Brien: “Two to knock her down, two to put her down.”

The soldier, later questioned by police, initially tried to argue that O’Brien had initiated the violence, but after CCTV footage was shown, he admitted to the unprovoked attack. The guilty plea was a factor cited by O’Donnell in imposing a suspended sentence.

Before the judge’s decision, O’Brien said in her victim impact statement: “I am here to seek justice, not only for myself, but to protect others from the violence and malice that I have experienced.”

She later strongly criticized the judge’s decision and told the Sunday Independent that she hoped O’Donnell would “end her career feeling completely disgraced and ashamed”.

O’Donnell, who retired this week after turning 70, is a third-generation lawyer whose family law practice dates back to 1890. He qualified as a solicitor in 1976 and had an extensive criminal defence practice at Limerick Holmes O’Malley Sexton in 1991 before joining the firm.

He was appointed a district court judge in 1998 and a circuit court judge in 2011. In 2012, he was appointed to the Interim Judicial Council, a predecessor to the Judicial Council that promotes judicial excellence. A retirement ceremony scheduled for earlier this week was canceled amid controversy over his conviction.

“It deserves criticism but after all these years it is a terrible way to go,” said a criminal lawyer not based in Limerick.

“When a politician makes a mistake, he can come out and say, ‘I made a mistake,’ but he’s trapped – he can’t do it.”

According to Crotta’s attorney, “he should 100% be arrested, and I think most of the bar would share that view.

“If you were defending him, you would have told him to take a toothbrush with him,” the lawyer said.

She said the judge could have focused on Crotty’s guilty plea, his age and the fact that, unlike many people in criminal courts, he had a job. She suggested to the judge, “compassion got the better of him.”

Another senior criminal barrister, also from outside Limerick, said he found the decision not to send Crotty to prison to be “very surprising”.

“I think it was a very bad decision. I think it was a bad decision,” the attorney said.

However, he disagreed with the view expressed by some that a guilty plea would be of little value in cases where the evidence against the accused was strong.

“Even if you have a strong case, something can and does go wrong during the trial,” he said.

When deciding on a sentence, judges consider the maximum penalty allowed for the crime, and then the facts of the specific crime they are considering, such as whether a weapon was used, whether it was premeditated, whether someone was hit on the ground. This leads to what is called a “head sentence.” Then they consider issues that might justify mitigating that head sentence.

“You’re not just sentencing a person for a crime,” the lawyer said. “You’re also sentencing the person who committed the crime.”

The judge takes into account whether a plea of ​​guilty has been entered, whether the person is remorseful, has prior good character, and whether the person is trying to solve an addiction problem. Then, when deciding on the sentence they intend to impose, the judge “steps back” and looks at the “overriding principle of proportionality.”

Judges must take into account the impact of the crime on the victim.

“They may say this (guilty) person has a good thing about her, but what she did that night had a terrible impact on the victim and a custodial sentence is required. (They can decide) I have to discourage people from doing this.

The lawyer said the purposes of the sentence were punishment, deterrence and potential rehabilitation. He was surprised that in the Limerick case the judge did not request a probation report to find out more about Crotty.

The judge may have felt that because he was on the verge of retirement, ordering a report would mean another judge would decide the sentence, the lawyer said. He also said the judge may not have adequately explained to O’Brien the meaning of the guilty plea.

“It certainly did not have the desired effect,” the lawyer said.

He believed judges – and the legal profession in general – could do a better job of explaining the gravity of a guilty plea and could be more sensitive to the vulnerability of victims “even on the day of sentencing”.

In general, however, he said, it should be remembered that sentencing decisions are an act of justice, not an act of revenge or vengeance.

“I think it was forgotten this week,” the lawyer said.

Lawyers with experience dealing with O’Donnell, including Crotty’s legal counsel, have praised his work as a judge and criticized some of the negative comments about him, especially on the Internet.

Barrister Erin O’Hagan said O’Donnell was “an absolute pleasure to appear before and an exceptional gentleman” who “should not be underestimated for his very long career”. She praised O’Donnell’s role as a judge in combating organised crime in Limerick in the early 2000s.

“When crime in Limerick was at its peak and people were afraid to leave their homes, Judge O’Donnell was there for a very long time to keep the streets of Limerick safe and that must not be forgotten,” she said.

She described some of the comments about the judge as “terrible and very inaccurate.”

“I feel very sorry for him because he was an exceptional judge and he deserves a better farewell,” she said.

Junior solicitor Yvonne Quinn said O’Donnell was a “decent and kind man” and showed “tireless commitment to judicial work”.

Sarah Ryan, a criminal defense lawyer in Limerick who represented Crotty, said some of the statements made about the judge could have “put his safety at risk”.

She said commentators had described “a man who was by nature decent, polite and conscientious” as “many things he himself failed to be.”

On the day O’Donnell sentenced Crotty, he sentenced a 19-year-old who was part of a gang that robbed and beat a homeless man to two years’ probation. He sentenced a 37-year-old to four years for a brutal street attack on a woman, and a 58-year-old to 7½ years, with the final 18 months suspended, for possessing cocaine for sale or supply.

All three men pleaded guilty, and the two men who were imprisoned (but not the 19-year-old) had previous convictions.

The Director of Public Prosecutions is expected to appeal Crotty’s decision to the Court of Appeal.

When asked to comment on the sentencing decision, the Judges’ Association of Ireland said it would not be appropriate for it to comment on the case.

“Furthermore, given the possibility of an appeal in this case, it would be particularly inappropriate for the Association of Judges to comment on this matter,” the association said.