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, Mr Justice John Edwards noted that not a “single one” of those who provided a reference for Daniel Ramamoorthy, aged 40, mentioned the victim or the “vile nature” of the crime.
Mr 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 dismissed Mr Ramamoorthy’s appeal against his two-year and four-month sentence, noting he 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.
Mr Justice Edwards said although Mr 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 judgement, 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 Mr Ramamoorthy.
Refusing the application, Mr Justice 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, Mr Justice 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 Mr 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.
In rejecting Mr Ramamoorthy’s appeal, Mr Justice 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 fund raised 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, Mr Justice 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”.
Mr 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.
Mr Justice Edward’s remarks, and the character reference provided by the unnamed TD, has sparked public and political debate over the past week.
Taoiseach says he has ‘no idea’ who former TD is
On Sunday, the 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”.
Mr Martin said he had “no idea who the TD is”.
Dublin Circuit Criminal Court heard Mr 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.
Mr 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.
Mr Justice Edwards, sitting with Ms Justice Tara Burns and Mr Justice Patrick McCarthy, noted that numerous character references had been submitted on Mr 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.
Mr Justice McCarthy said the court knew from “bitter experience” that people held in the “highest regard” by society were capable of serious offending.
Going to check that it is not a member of my party – Simon Harris
Speaking this morning, Tánaiste Simon Harris said he did not know who the TD was.
Mr Harris said the law had recently been changed to strengthen protections around character references, which means they must be given on oath or via affidavit.
He said: “This idea that you can anonymously or cowardly hide behind references into a court is not acceptable – that’s why we changed the law.
“The member of Dáil Éireann who did this should come forward and let us know who it is.”
He added: “I’m going to check that it’s not a member of my party [Fine Gael].
“I have no knowledge that it’s a Government TD, an Opposition TD, I don’t know who it is.
“And I think if somebody has done it, I think they should come forward – but certainly no one in my party has contacted me as party leader.”
Mr Harris said he asked Fine Gael general secretary John Carroll to contact every TD in the party to “seek an assurance” and said “all party leaders should do that too”.
Asked if he would do similar for Fianna Fáil, Mr Martin said: “I’m not going to go on a particular witch hunt on anybody.
“I mean, that may come up in due course. I don’t know who the TD is, and that issue is very unclear.”
He added: “I would expect any TD who would have done that to come forward.”
Additional reporting by PA