Judge refuses to name former TD who provided character reference for sex offender

Fiona Magennis and Isabel Hayes

The Court of Appeal has refused to reveal the identity of a former TD who provided a character reference on behalf of a one-time government advisor convicted of sexually exploiting a 13-year-old boy at a Christian children's camp.

At the appeal hearing last week, Judge John Edwards noted that not a “single one” of those who provided a reference for Daniel Ramamoorthy (40) mentioned the victim or the “vile nature” of the crime.

Ramamoorthy's lawyers had suggested the sentence was excessive and argued that the sentencing judge had failed to give sufficient weight to their client's "exceptional background" and history of public service and his previous pro-social life.

The court on Tuesday dismissed Ramamoorthy’s appeal against his two year and four month sentence, noting the appellant had not taken responsibility for the offending, there was no acceptance of fault or criminal liability and no acknowledgment of the impact of his conduct on the victim and no "earnest" remorse.

Judge Edwards said that although Ramamoorthy is a first-time offender, there was little to support a suggestion that his offending was “aberrational and truly out of character”.

On the contrary, he said, there are many “red flags” suggesting that the 40-year-old has “an abnormal sexual interest in children”.

After the Court of Appeal delivered its judgment, solicitor Matthew Austin from Hayes Solicitors made an application on behalf of The Irish Times asking that the newspaper be granted access to the references given on behalf of Ramamoorthy.

Refusing the application, Judge Edwards said a large number of references had been provided, and the court had accurately summarised the effect of these which was that they “speak to the previous pro-social conduct” of the appellant.

He said beyond that, there was nothing in them that required to be disclosed.

Addressing the media coverage of the case since last week's appeal hearing, Judge Edwards said the court “doesn’t live in a teapot” and was aware from recent newspaper and media coverage that there had been “some level of interest” in the fact that a TD had provided a reference for Ramamoorthy.

The judge said the reference was in fact to a former TD.

He said the comments were uniform to the effect that none of the testimonials referred to the victim or the nature of the crime.

“The particular reference was no different to the others,” he said.

Work record

In rejecting Ramamoorthy's appeal, Judge Edwards noted the appellant's good work record and evidence of his “pro-social life”.

“It is clear that this appellant has done much good in his life, and has fundraised and engaged in philanthropy in support of many charitable and community-based organisations and ventures,” said the judge.

“He has also given of his time to working in church or faith-based initiatives, although sight cannot be lost of the fact that he used one of these as the opportunity and vehicle for committing the offending at the centre of this case.”

However, Judge Edwards said evidence of previous pro-social living could carry “only modest weight” in the absence of the offender accepting his wrongdoing, acknowledging the suffering caused to the victim, and showing a “desire and willingness on his part to work towards rehabilitation”.

Ramamoorthy was convicted following two Circuit Criminal Court trials of one count of sexually exploiting the child in 2017 by asking him to send a picture of his penis over Snapchat. A jury in the first trial failed to reach a verdict.

The 40-year-old, with a previous address at Whitebarn Road, Rathfarnham, and Wolnzach, Germany, also pleaded guilty to a charge of possessing child sexual abuse material, referred to in law as child pornography.

Judge Edward’s remarks and the character reference provided by the unnamed TD have sparked public and political debate over the past week.

On Sunday, Taoiseach Micheál Martin said he does not believe public representatives should be giving character references, particularly in cases “that involve sexual exploitation or sexual abuse or anything of that nature.”

Martin said he had “no idea who the TD is”.

Dublin Circuit Criminal Court heard Ramamoorthy was found with three images and one video depicting young boys engaged in sexual activity with each other and with an unknown adult man. He continues to maintain his innocence in relation to the sexual exploitation offence.

Ramamoorthy, described in court as a motivational speaker, social media influencer and entrepreneur, had at one point acted as an adviser to the Department of Enterprise, Trade and Employment on start-ups, his sentencing hearing was told.

He is the son of a diplomat and was educated at Yale University in the USA.

Judge Edwards, sitting with Judge Tara Burns and Judge Patrick McCarthy, noted that numerous character references had been submitted on Ramamoorthy's behalf, including one from a TD.

It was "quite extraordinary", he said, that not a “single one” mentioned the victim or the “vile nature” of the offending.

Judge McCarthy said the court knew from “bitter experience” that people held in the “highest regard” by society were capable of serious offending.

If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help. In the case of an emergency, always dial 999/112.