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The Claire Byrne Show

Former TD who gave a character reference for a convicted child sex offender still nameless

22 Apr 2026

Transcription

Transcript generated automatically by AI and may contain errors.

Chapter 1: What is the main topic discussed in this episode?

1.87 - 6.254 Claire Byrne

The Clare Byrne Show on Newstalk. With Aviva Insurance.

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9.738 - 30.839 Brenda Power

Well, despite media appeals in court yesterday, the name of the former TD who wrote a character reference for a convicted child sex offender remains a mystery today. The judge also dismissed an appeal by Daniel Ramamorthy against the severity of his sentence. I'm joined on the line by Brenda Power, barrister and columnist. Good morning, Brenda. Good morning, Clare.

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30.859 - 42.25 Brenda Power

You were writing about this at the weekend and you firmly believe that this person who gave the character reference should be named. We know now, as of yesterday, that this is a former TD, though.

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Chapter 2: Why is the identity of the former TD who wrote the character reference still a mystery?

42.61 - 67.119 Brenda Power

Does that change things in your view about the naming of the person who wrote the reference? I don't see why it should, Clare, because clearly this person relied on their status and their, I inciting their political career, I suppose, in furtherance of their claims on this man's behalf. It's not as if they were presenting themselves as a private individual.

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67.179 - 93.862 Brenda Power

They were clearly employing the clout that their political career imparted. in an attempt to secure lenience for this man. So since 2024, it has been the law that anyone giving these references has to do so on oath. In other words, they have to be prepared to stand over them. Either they come to court and take the Bible or affirm or whatever, or else they swear an affidavit.

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94.442 - 100.913 Brenda Power

So, I mean, this person arguably expected that this document would be in the public domain.

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Chapter 3: What was the judge's decision regarding Daniel Ramamoorthy's appeal?

101.23 - 127.108 Brenda Power

And I don't see any reason that the judge said, well, it didn't stand out from apparently a significant number of affidavits that they received in support of this man. And what prompted the Court of Appeal to comment on this was the fact that nobody referred to the child who was the victim of this paedophile, basically, in their haste to trip over themselves to say what a great valet he was.

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127.288 - 140.603 Brenda Power

Yeah. And so would you say that we need A further law change now, which would mean that anybody who gives a character reference in such circumstances would be named publicly.

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142.051 - 170.742 Brenda Power

Yes, although I think there's also an argument, this is the point I was making in the Sunday Independent on Sunday, there is an argument to say that in cases of sexual assaults and sex-related offences, sexual offences, that really the value of these testimonials should be called into question and maybe they shouldn't be considered at all because we know there's huge under-reporting of these type of crimes.

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170.722 - 186.587 Brenda Power

And one of the reasons cited by victims is that they feel they won't be believed. And that often, even after conviction, they're really not believed. And the case that I refer to, I know it's a while ago, but most people will remember it, a case in Kerry where 50 people

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186.567 - 208.963 Brenda Power

queued up to shake the hand of a rapist who'd just been convicted of a really really gross assault including the parish priest who had written a character testimonial for him and said he had held women in the height of respect apart from the money he dumped half naked beside a skip obviously but I mean I would say that when these testimonials are produced in court it's

208.943 - 233.837 Brenda Power

the in in in sexual offense cases the impact of them is really to suggest that that doubt still lingers in some people's mind and i'm not sure that that is ever appropriate i can understand why people might be happy to and willing to give a testimonial for somebody you know who'd made an error who'd made a mistake who had whatever it was a theft or or or

Chapter 4: What implications does the former TD's status have on the character reference issue?

233.817 - 258.357 Brenda Power

you know, a less serious type of a crime and say, look, this is out of character for this person. Well, it's, well, you know, regret the offence and lament it and so on, that I really think this person deserves a second chance. But when, A, you give this testimonial for somebody in a sexual offence case, and B, you don't make any reference to the victim or

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258.337 - 278.505 Brenda Power

I really do think that those testimonials, A, should be questioned, possibly banned, but certainly should be publicised. And how do you think the political system has reacted to this? Because all of the party leaders have said, as far as we're aware, this person is not a member of our party. Like, what more can they do or would you expect them to do?

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279.194 - 299.536 Brenda Power

I don't know what more they can do when we have to take their word for it that they don't know who this person is. This person has not come forward, doesn't seem to be going to, and the court is not willing to name them. So that may, as you say, require a further change that, look, if you're prepared to make this statement, you should be prepared to be named.

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299.576 - 319.081 Brenda Power

And it should be the case that this is done in open court because, you know, as we know, justice doesn't just have to be done, it has to be seen to be done. And all the participants should be identified, obviously, except for the victims in these cases. And of course, in sexual offences too, the accused are not named until there's a conviction in most cases.

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319.101 - 339.514 Brenda Power

But once this is a case where somebody has been convicted, these testimonials are never requested until somebody has been convicted and it's in mitigation of sentencing. So are you saying then that it's time to ban these character references altogether when you're dealing with a sexual offence?

339.534 - 361.743 Brenda Power

Someone convicted, as you say, and that's an important distinction, convicted of a sexual offence, that really there is no place for a character reference at that point in proceedings? I don't think there is because you cannot say... That you knew this person in that capacity. Clearly, these are stealthy, sneaky offences that are committed in secret.

362.264 - 375.006 Brenda Power

And for someone to say, well, as far as I know him, he's a great fella, is irrelevant, really. Your opinion of him is irrelevant. You clearly did not know this person. You didn't know what their proclivities were. or their tendencies, where you didn't know what their capabilities were.

375.407 - 404.699 Brenda Power

It's irrelevant whether he was great in the Tidy Towns competition or that he helped out with his local, I don't know, GAA club. And I mean, in this case particularly, this man appears to have infiltrated a Christian children's camp. with the intention, you'd have to conclude, of grooming and approaching young boys. Well, that is the evidence that was heard.

405.68 - 429.571 Brenda Power

So, I mean, are we saying then that if you are convicted of a sexual offence, that you lose that right to have people in your community tell the court about other aspects of your life? And is that a fair thing to do for people who are convicted of those crimes? Well, as I say, I don't see what the relevance of it is. These people do not know you in this capacity.

Chapter 5: What recent legal changes affect character references in court?

517.345 - 536.066 Brenda Power

It makes it all worse. So the only way that we will find out the name of this former TD is if the former TD tells us who they are. Yeah. That's right, because I think the Irish Times made an application to court yesterday to have the name released. And the judge said, well, their testimony doesn't stand out from the very many others I got. Well, then I'd say release them all.

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537.608 - 570.207 Brenda Power

But they decided not to single this person out to release it. But I would say the counter argument then was, well, why are any of them being kept secret? Brenda, thank you very much. Brenda Power there, barrister and columnist on that situation. The mystery, former TD who gave a character reference for a man who was convicted of a sexual offence against a child.

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