Serving soldier is charged with sex assault of girl

Tánaiste instructs Chief of Staff to place on ‘local leave’ any personnel accused of sex crimes

The serving member of the Defence Forces who has been charged with the sexual assault of a female juvenile and is due to go on trial remains a member of the Army. Photograph: Stephen Barnes
The serving member of the Defence Forces who has been charged with the sexual assault of a female juvenile and is due to go on trial remains a member of the Army. Photograph: Stephen Barnes

A serving member of the Defence Forces has been charged with the sexual assault of a female juvenile and is due to go on trial.

The Irish Times has learned the man has worked on sensitive security duties during his role in the Defence Forces, although he is not a senior member of military personnel.

He remains a member of the Army and now stands accused of sexually assaulting a girl in a county in rural Ireland.

A criminal investigation into the alleged sexual assault has already been completed by the Garda, with a file sent to the DPP. A direction has been given to charge the man with one count of sexual assault against a female juvenile.

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A reply to queries about the case was awaited from the Defence Forces on Friday night.

There is no mechanism to suspend members of the military when they face serious criminal charges, as there is in the Garda. However, Tánaiste and Minister for Defence Micheál Martin said on Friday he had instructed Chief of Staff Lieut Gen Seán Clancy to make sure personnel accused of sexual assault or rape were all placed on “what is termed local leave without prejudice to the final outcome of their case”.

Mr Martin criticised the “lack of proactive management” by the Defence Forces of cases where its personnel are charged or convicted.

He highlighted “the lack of a central database and flow of information” in response to “very serious issues”. There was also an “inconsistent approach” to applying the “existing mechanism” to accused members of the Defence Forces.

The Tánaiste was speaking as controversy continued over the suspended sentence given by a court in Limerick to Army private Cathal Crotty for the assault of Natasha O’Brien in the city. Crotty is still serving in the Defence Forces, although has been told by his commanding officer he is to be discharged next week because of the conviction.

It emerged this week that 68 Defence Forces members have been convicted of crimes or are currently before the courts charged with offences after a review of the last two years. Mr Martin has asked for a second review, covering a longer period.

He has also appointed Peter Ward SC to conduct a “comprehensive and independent” examination of how cases were handled within the Defence Forces.

Mr Martin said that of the 68 cases already identified, some were “very serious” assaults, sexual assault, drink-driving offences, intoxication, “some drug possession charges, one or two burglaries”.

On Friday Taoiseach Simon Harris said serving Defence Forces personnel who have been convicted of crimes should be dismissed.

Asked for clarity on the Government’s position and what type of convictions warrant expulsion, Mr Martin replied Mr Ward’s review would examine that issue.

“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 added.

Lieut Gen Clancy, who is set for a major European military post next year, said he was in agreement with Mr Martin’s statement about the “unacceptable presence” of people in the military with convictions, including for gender-based violence. He added “such individuals have no place” in the Defence Forces.

“Let this moment be a wake-up for us all. We must reaffirm our commitment to the highest standards of conduct and ensure that our ranks are filled with individuals who uphold the values we cherish,” he said in a statement.

Conor Lally

Conor Lally

Conor Lally is Security and Crime Editor of The Irish Times

Cormac McQuinn

Cormac McQuinn

Cormac McQuinn is a Political Correspondent at The Irish Times