Day 16 - Irish Injustice for Natasha O'Brien

He's a good man. Don't be going ruining his life because he hit a woman. 

This is essentially the message the Irish judicial system sends to the Irish community. Men, particularly those in uniform, who otherwise have no previous convictions, who engage in charity and volunteer work, and who acknowledge guilt, are treated more like victims than perpetrators. 

Farcical Irish Justice

On the opening day of the Irish Defence Forces Tribunal, the people of Ireland are reeling. Last week, we witnessed yet another judicial farce. Not only a judicial farce though, a sharp slap in the face to all victims of abuse who have the courage and strength to stand up against it. Last week, we witnessed yet another member of the Irish Defence Forces, for committing a horrendous attack on a woman, being given a suspended sentence - by the same judge. 

What's more farcical is forming a comparison with judgements made for other crimes. Here's what we might call in Ireland, "the long and the short of it" - in other words, a brief snapshot: 

1. Cathal Crotty, a member of the Irish Defence Forces, was ordered to pay €3,000 and given a 3-year suspended sentence for viciously attacking Natasha O'Brien. He remains in his Defence Forces position.
2. A 5-year-old girl viciously attacked by a dog is to receive a settlement of €115,000.
3. David O'Gorman, an Irish Naval Officer, was ordered to pay an undisclosed sum and given a suspended sentence. He remains in his Naval Officer role, a year later.
4. A businessman caught with €200,000 worth of cocaine was sentenced to 7.5 years for possession with intent to supply an illegal drug.

These are some recent cases I can find on a quick search. There are countless others.

Judgements Translated: 

Members of the Irish Defence Forces are permitted to viciously attack civilians and remain in their posts as long as they: 

• Admit guilt so they don't put the poor woman through the pain of a trial. 
• Pay some form of compensation. 
• Can demonstrate that otherwise they are good lads with families and good reputations. 

Yes, there is an air of sarcasm in the bullets above. I do not know how otherwise to comment on these decisions. The behaviour of the Irish judicial system is nothing short of farcical. The cases mentioned demonstrate that it is precisely these conditions which grant soldiers, guards, and naval officers a licence to wallop and then walk free.  

That's the Irish Way

If you're Irish, you know well that it's who you know and what your position is that gets you access, emancipation, and action. If you're "adopted" Irish and have money, you know well that it's who you know and what your position is that gets you access, emancipation and action. If you've lived in Ireland for any period of time and don't have money, you'll know that it's who you know and what your position is that determines your access, inclusion and opportunity - or lack thereof. 

The Laughing Part Of It

In November 2023, Minister for Justice Helen McEntee announced the "Miscellaneous Provisions Act," a new range of criminal offences and tougher sentences targeting violent and organised crime. She is quoted on the Government's website as saying: 

"the new laws and tougher sentences mark a milestone in the government's efforts to build stronger, safer communities and have Zero Tolerance of domestic, sexual and gender-based violence." 

Ready for the laughing part? From the moment of announcement, "the maximum sentence for assault causing serious harm,[....], increases from five years to ten years."

“Increasing the maximum sentence for assault causing harm will provide the Courts with a tougher range of sentences to take account of the range and gravity of the assaults that fall under this category," she added. 

Under the Irish Sentencing Guidelines, "offences in the low range of seriousness attract a headline sentence of 2 to 4 years, before mitigating factors are taken into account." 

Crotty, O'Gorman, another Irish Garda (Irish police officer), and who knows how many others have all been given suspended sentences and told to pay compensation, but otherwise have avoided 'being defined by their actions' at the times of these incidents. It is downright sickening to hear these words spoken, not just by their defence teams, but by the very judges themselves who hold the positions of power that determine the fate of such behaviour. Judges like Tom O'Donnell, whose retirement conveniently coincides with his most recent appalling decision, ought not only to be ashamed of such behaviour, but to be investigated and removed from their posts if such action is warranted. We're a far cry from this becoming the norm though, considering the Judicial Conduct Committee was only properly established in 2020.

Even the law isn't clear on its definition of assault causing serious harm. Precedent is still used to determine sentencing guidelines. It was the outcome of a 2014 serious assault case which set out the guidelines relating to assault causing serious harm. In the public guidelines available, there are no fewer than four principal determining factors which may be taken into account by judges passing sentence for serious assault. But should we be relying on guidelines when it comes to judgements being made for serious assault? 

What Is Safety?

Oxford and other dictionaries define safety as, "the condition of being protected from danger or harm." What though, is the difference between being safe and feeling safe, and who determines a person's safety?

The primary goal of the Irish Defence Forces and An Garda Síochana is to protect the security of the State and its people. Judges in Ireland are kept safe. They may "not be removed from office except for stated misbehaviour or incapacity, and then only by resolutions passed by both the Dáil and Seanad [the Irish government] calling for their removal." To this day, no judge has ever been removed from office. Moreover, "stated misbehaviour or incapacity" has never been judicially interpreted.

To determine the primary role of an Irish judge is unsurprisingly ambiguous. Going back to the time when English law usurped Brehon Law, the judge holds a seat of decision-making power. As previously stated, precedents based on prior outcomes of cases determine the outcome of court cases; precedents and, whether you like it or not, opinion and experience. Judges are humans. Humans are biased. Impartiality is impossible, especially without oversight. 

Being and Feeling Safe

A week or so ago, I wrote a blog post about the new cultural behaviour being bred into men and women in an effort to help women feel safe - that of men crossing the road when out walking at night if they see a woman on the same side of the road as them. I reckon the comment I made about it on Instagram got hidden. Although it received many likes, after a number of responses shooting my opinion down, I didn't see anymore alerts. Was I silenced because people disagreed with what I said and reported me, or because popular media doesn't want women to realise that having the kind of men who step in to stop attacks cross the road is not the solution? 

The state of being safe means living in a world in which there is little or no violence. That kind of world does not exist. Before you go attacking me or accusing me of blind acceptance of abuse, let me make it very clear, I do not write this as a statement of acceptance of violent behaviour. I have been physically, emotionally and psychologically abused myself, both by those whose responsibility it was to keep me safe, and by those I trusted not to cause me harm. 

Violence and abuse is never acceptable. However, it is part and parcel of being an animal. Humans are animals. We can be conditioned to believe that we have evolved as a species, more intelligent, discerning and developed than the "animal kingdom." We can be convinced that we are all inherently good, that we all seek to look after and help each other in times of crises (like during a pandemic). We can lead ourselves to believe that love conquers all and that everyone has equal capacity to control their animalistic tendencies. 

Or we can realise that we are inherently designed to distrust that which is unfamiliar, that our brains are hardwired to profile, and that herding bred hierarchy. The human brain is instinctively alert to shadows and noises, automatically categorises people into groups which make them feel safe (the familiar group being the key determiner of safety), and creates hierarchies of individuals in order for groups to survive and create cohesion.

Are We Safe?

Yes, and no. With decisions like those witnessed in Ireland last week being made by people in positions of power whose role it is to protect us, we cannot but feel a great degree of uncertainty. The Women of Honour tribunal began today with an appeal for potential witnesses to come forwards. Please do, if you are one and read this. I understand completely if you do not.

Every time a victim of abuse, whether male or female, comes forwards with it and is denied any form of justice, they are told that the condition of "being protected from danger or harm" does not exist. We who witness it are taught the same. We are taught that we are responsible for making ourselves and each other feel safe. 

Community groups across the country help people feel safer. Refuge services and charitable groups help people feel safer. Sadly and unfortunately, at present in Ireland, State bodies do not. The Government has even gone so far as to claim that their failure to provide adequate refuge accommodation in line with the Istanbul Convention is acceptable because "community-based organisations and outreach supports are in place alongside" government facilities. 

The new herd mentality might be that encouraging "good" men to cross the road is enough to make women safe. But the Irish have always been a nation of community. Caring for each other and our neighbours is learned from a young age. We do it because it's the right thing to do. We as a people are not to be defined by the negative actions of some. 

In a time when the judicial system refuses to create conditions of being protected from danger or harm, we need the opposite of men and women having to separate from each other. Men and women came together on the streets in protest to support the very brave Natasha O'Brien, in support of all victims who have stood up against abuse and attack. They unified. 

Ní Neart Go Cur Le Chéile - There is No Strength Without Unity. Together we can be stronger. Together we can help each other feel safe. Together, we can uproot archaic judicial practices and push for reform.