Limerick judge Tom O’Donnell ends career on grim note with controversial ruling in Crotty case

This was the view of one experienced criminal barrister on Judge Tom O’Donnell, who retired on Wednesday, a week after delivering a sentence in Limerick Circuit Criminal Court that sparked intense controversy., caused national outrage and was debated and criticised in the Dáil with the victim watching from the public gallery and receiving the applause of the assembled TDs on Tuesday.

Before the judge’s decision O’Brien, in her victim impact statement, said: “I am here to seek justice, not just for myself, but to protect others from the violence and malice I experienced.” 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 – the precursor of the Judicial Council, which promotes judicial excellence. A ceremony to mark the end of his career, scheduled for earlier this week, was cancelled because of the sentencing controversy.

Another senior criminal law barrister, also not based in Limerick, said he believed the decision not to jail Crotty was “very surprising”.However, he did not agree with the view expressed by some that a guilty plea would be of little value in cases where the evidence against an accused is strong. The judge considers whether a guilty plea was entered, the existence of remorse, previous good character, or whether the person is trying to address an addiction problem. Then, having decided the sentence they intend to impose, a judge “steps back” and looks “at the overarching principal of proportionality”.“They might say, this person, there are good things about them, but what they did on the night has had a terrible effect on the victim, and a custodial sentence is required.

Barrister Erin O’Hagan said O’Donnell was “an absolute pleasure to appear before, and an exceptional gentleman” whose “very long-standing career should not be dismissed”. She praised the role O’Donnell played as a judge in tackling organised crime in Limerick in the early 2000s.

Limerick Defence-Forces Cathal-Crotty

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