A former mayor at the centre of a controversy over a court reference for a convicted rapist made an emotional apology at a council meeting amid calls for him to resign.
Brian Tierney has faced a public backlash after it emerged he provided a character reference for Kielan Mooney (30) who was sentenced to eight-and-a-half years behind bars following a trial at Dublin’s Central Criminal Court last December.
The ex-Irish soldier, of Bloomfield Park in Derry, was found guilty of raping of a woman in July 2021.
A tearful Mr Tierney, who later withdrew the reference, told a tense meeting on Wednesday that it has been “the hardest time of my life” just two days after stepping aside from the SDLP.
Addressing recent media reports, he apologised and “try to show my deep remorse for the mistake that I have made”.
“I should have checked the background of the story, there is no doubt about that. I believed that I was acting in good faith and I believed that I was being told the truth and I believed that there was no sign of any sexual violence when I provided that character reference,” he added.
“I deeply, deeply regret and apologise, mainly to the survivor in this case. And I think it’s important that the council know that I have written to the survivor in this case to express my apologies and my support for her.
“But also to outline the reasons in why I provided that reference, because I have no doubt that my actions, caused extra undue hurt to her and her family.”
The elected representative acknowledged the courage and bravery of the survivor for seeking justice and said he holds his hands up to making a “huge, huge mistake” insisting the anger expressed by other people “is not lost on me one single bit”.
Breaking down in tears, he continued: “This has been the hardest time of my life. I have tried over recent days to put this in some way into perspective and the fact remains that I made a mistake.
“I was lied to, I was misled and I did not believe that there was any form of sexual violence involved in this case, had I had any incline at all that there was, I would not have provided that reference.”
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Mr Tierney spoke of representing his community for 11 years and rather than resigning he wants to correct the mistake, to show remorse and help all victims of violence against women and girls.
It comes as Mooney’s family issued a statement saying the former mayor of Derry and Strabane was “misled” into providing the reference.
A number of party colleagues staunchly defended Mr Tierney while others recognised it was a “huge mistake” but did not feel comfortable backing a proposal saying he should resign.
Mayor Lilian Seenoi Barr tabled a motion about violence against women and girls, saying it has “no place in our society” and praising women who spoke out.
Proposed actions included declaring Derry and Strabane a “zero tolerance zone” for violence against women and girls which would send a “powerful and unequivocal message”.
Prior to the meeting the Alliance for Choice group sent a letter to councillors encouraging them to back any resolution with “concrete actions that show the urgency and seriousness of tackling gender-based violence”.
They also asked representatives “to support the abolition of character references for people charged with rape and other violent crimes, particularly from politicians, clergy, teachers, sports organisations and others in positions of power.”
A statement added: “The councillors call on Cllr Brian Tierney to take accountability for providing a character reference for convicted rapist Kielan Mooney by resigning immediately.”
Mr Tierney, who appeared online, said the mayor’s proposal is one he would “fully support”.
He also admitted he has considered his position on “countless occasions” but would rather mend what is broken and help others, saying that through this experience “I might be able to provide some insight for men”.
Mr Tierney said that at the moment he is “unfortunately” not an SDLP councillor and that stepping aside had “broken my heart further”.
Meanwhile Sinn Fein councillor Grace Ui Niallais recognised it must have been “extremely humbling” for Mr Tierney and said if other people failed in their due diligence they would be “pulled in front of HR and dismissed”.
She referred to anger in the gallery and “male comradery” in the room and questioned Mr Tierney’s fitness to do his job.
Earlier in the meeting, Sinn Fein councillor Sandra Duffy seconded the mayor’s proposal describing it as a “first step” and women are being “raped and murdered” by men that they know.
Mrs Duffy said a “whole society approach” is needed to combat the issue.
“That includes our male allies,” she said, “our fathers, our husbands, our brothers, our work colleagues.
“Never stay silent when you see an incident, don’t stay silent when the jokes start on WhatsApp groups, in the staff room, in the bar; speak up and call it out.”
In reference to Mr Tierney, she emphasised : “And don’t provide character references for someone charged with those offences, for god’s sake, please.”
SDLP councillor Catherine McDaid said she “completely agrees” with Mrs Duffy, adding that “given “we should not be giving character references in court, full stop”.
Mrs McDaid said that “concrete actions” need to be taken moving forward as it isn’t good enough to say “we’re zero tolerance”.
People Before Profit councillor Shaun Harkin commended victims and survivors for their bravery in speaking out at the public meeting.
Mr Harkin also echoed calls to ban character references adding that it brings him no joy to say it as Mr Tierney is a “valued member of this chamber” but he “provided a character reference for someone who was convicted of a very serious sexual assault”.
He said character references “undermine and gaslight victims when they’re extremely vulnerable in the courts”.
To show “proper accountability”, Mr Harkin said he and campaigners believe Mr Tierney should “resign his position” and suggested amending the mayor’s motion to include Derry Alliance for Choice proposals.
That proposal had no seconder.
Independent councillor Gary Donnelly said he agreed with most of the Alliance for Choice proposals but not that Mr Tierney should resign.
He was clear he “clashes regularly” with Mr Tierney and it is “not in favour of his politics” but believes he did not “deliberately write a letter for somebody who violently held somebody down and raped them”.
Councillor Jackson agreed with Mr Donnelly but said it was a “huge mistake” as he showed “no due diligence” and gave him “no confidence there is a zero tolerance approach from his perspective”.
He believes the decision about whether to resign is down to Mr Tierney.
UUP Councillor Darren Guy felt that while “miles apart politically” he believes Mooney has “thrown councillor Tierney under the bus”, adding it could happen to any one of them as they are often lied to.
The mayor’s motion was passed with 21 in favour and no one voting against it.