Lynch's letter

IF LAWMAKERS are seen to provide some support for lawbreakers and, in particular, if those lawbreakers are convicted rapists, then legislators themselves have questions to answer. Labour TD Kathleen Lynch has found herself in a deeply embarrassing position which is entirely of her own making. Her involvement in a recent court case betrayed poor judgment and fell well short of the standards expected of a public representative.

A constituent, whose son was awaiting sentence for rape, approached the Cork TD. When asked to write a character reference for the family for court purposes, she agreed to do so. Her letter which stated that the accused came from a well-respected family was noted by Judge Patrick McCarthy last Friday before he passed sentence in the Central Criminal Court. But he found few mitigating circumstances to offset the seriousness of the crime committed: the rape of two teenage girls. The gravity of that offence was reflected in the severity of the sentence, a 13-year jail term.

The TD's letter is regarded - understandably - by one of the rapist's victims as a court plea for mitigation of sentence for serious sexual offences. Ms Lynch accepted that she had acted inappropriately and apologised for the distress her letter had caused. Were this an isolated event, whereby an Oireachtas member had made representations to some judicial or ministerial authority, it might be easier to understand. However, this is not the case. Mr Bobby Molloy stepped down as a junior minister in 2002 having accepted that he had made improper representations on behalf of a constituent whose relative was charged with serious sexual offences. Another minister of state, Tony Killeen, became embroiled in controversy last year, having written letters seeking the early or temporary release of 10 prisoners, including a convicted murderer.

Subsequently, efforts to reach cross-party agreement on a code of practice to end these political representations ended in disagreement. TDs felt such an agreement would prevent them making legitimate inquiries on behalf of prisoners. Labour Party leader Eamon Gilmore has said he would be advising deputies to exercise extreme caution when writing references for court cases. That is unlikely to prove sufficient. Judges should publicly note representations received from politicians, as Judge McCarthy has done. Public disclosure could well serve as the best deterrent to inappropriate political interventions of this kind.

© 2008 The Irish Times

This article appears in the print edition of the Irish Times