Legal profession defends retired Limerick judge amid sentencing controversy

The legal profession defended and led the celebrations in memory of long-serving Limerick Circuit Criminal Court Judge Tom O’Donnell, who retired last week amid controversy.

Judge O’Donnell, whose career spanned 47 years – he began as a criminal defence barrister and then became a district and circuit court judge – was heavily criticised by some for giving soldier Cathal Crotty a three-year suspended prison sentence.

Judge O’Donnell heard that Mr Crotty (22), of Ardnacrusaha, Co Clare, beat Limerick woman Natasha O’Brien unconscious in a brutal and unprovoked attack in Limerick city and later bragged about it on social media.

However, a prominent criminal lawyer who did not wish to be identified said Judge O’Donnell had “done the state a favour” for his years of adjudicating and trying thousands of criminal cases.

The attorney called some of the public comments made against Judge O’Donnell following Crotty’s sentencing “appalling, outrageous and unfair.”

“(Judge O’Donnell) has always been very fair and has always been a strong believer in the idea of ​​rehabilitation – particularly when it comes to people who have had addiction problems.”

Crotty’s verdict sparked nationwide protests, organised by the socialist feminist group ROSA, in support of Ms O’Brien, demanding legal reforms and an end to gender-based violence.

Paying tribute to the retired judge, junior counsel Erin O’Hagan said it was “a great pleasure to appear before him and that outside of court he was an exceptional gentleman”.

Ms O’Hagan said Judge O’Donnell’s “very long career should not be cut short” because of one decision.

Ms O’Hagan said Judge O’Donnell helped keep Limerick residents safe when the Treaty City descended into murderous gangland conflict in the early 2000s, with shootings, stabbings, pipe attacks and petrol bombs becoming commonplace.

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

She called some of the public’s reactions to Judge O’Donnell “terrible and very inaccurate.”

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

Junior solicitor Yvonne Quinn BL described Judge O’Donnell as a “decent and kind man”.

Ms Quinn said the judge was “dedicated to his work” and in her opinion had shown “tireless commitment to his work”.

Barrister Sarah Ryan, who represented Cathal Crotty at his sentencing hearing, said she was saddened by some of the public’s reaction to Judge O’Donnell’s decision.

“Some of the words used to describe the decision he made could put his safety at risk,” Ms Ryan warned.

The solicitor said she believed some commentators had characterised “an inherently decent, polite and conscientious man as someone he is not”.

A senior barrister, who wished to remain anonymous, said Judge O’Donnell had “proficiently handled a huge number of criminal cases” during his tenure.

“He was a compassionate judge and a model of courtesy, impartiality, integrity and humanity,” the attorney said.

Judge O’Donnell told Crotty’s sentencing hearing, which also heard a statement from Ms O’Brien about the emotional impact on the victim, who told the court she had lost her job due to the trauma of the attack, that he had “no doubt” Crotty would have lost his job with the Defence Forces if he had been sentenced to prison immediately.

The judge said that when setting Crotty’s sentence he took into account the fact that he had no previous convictions and that he had pleaded guilty – although only after being shown CCTV footage of the attack and after he had initially tried to blame Ms O’Brien.

Ms O’Brien criticised Judge O’Donnell for the manner of his sentencing, the reasons given for it and the “lack of sensitivity” she felt the court showed her.

Ms O’Brien said this was a way of sending a message to people that they could harm others with impunity without facing prison or serious consequences.

She said she didn’t blame the judge – it was the entire legal system that “threw her away” after Crotty’s sentence, and he (Crotty) left the court a free man.

Following the verdict, the Defence Forces launched an investigation into Crotty’s actions, but when asked about this, an Army spokesman said he could not comment on individual cases.

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