A criminal barrister has defended the use of character references in defence of convicted criminals.
The issue has been at the centre of debate after character references were offered in defence of former Irish Times journalist Tom Humphries, who was yesterday sentenced to two-and-a-half years for grooming and sexually abusing a teenage girl.
Barrister Michael O'Higgins said there was no error of judgement in giving a reference, that a reference does not condone the crime, but it does give a wider view of a person.
Speaking on RTÉ's Morning Ireland, he discussed when and why character references are used in a case.
He said: "Character references are introduced in a case most often when the offender has no previous convictions because in those circumstances the person is coming to court with an otherwise unblemished character and would want to highlight that."
However, he said that "not much" weight is given to these references when a sentence is being decided, but said "they are part of the fabric".
"Ahead of the considerations which a judge would take into account would be the plea of guilty, the assistance offered to gardaí during the investigation, the level of remorse, expert reports, if a report can perhaps explain underlying motivation of why the crime was committed, and thereafter you have references.
"And anyone writing a reference would ordinarily would be advised and would comply with the advice to say in the opening paragraph: 'I do not condone this crime in any way. I'm simply saying I know this person in another context – usually over a long period of time - and that's what I am addressing'.
"The idea that anyone would think that giving a reference is an error of judgement in circumstances where they are expressly indicating they are not condoning the criminal behaviour but simply pointing out other aspects of the person’s character, because character is a rounded thing, I think that’s grossly misconceived.
"There is no error of judgement. You’re giving a view of a person in a very narrow and very well-defined circumstances. You're not in any way saying what they did was right or correct, on the contrary."
Sportswriter David Walsh, who faced criticism for writing a court character reference for Humphries, said he unequivocally condemns the "terrible wrong" his friend committed.
Former Cork hurler Donal Óg Cusack yesterday resigned from the board of Sport Ireland.
Mr Cusack previously apologised for the "lack of judgement" he said he showed in writing a character reference for Humphries.
In a statement posted on Twitter, Mr Cusack said that he did not "wish any controversy to detract from the important work of the board".
