A circuit court judge has been returned for trial to the next sitting of the Circuit Criminal Court in Tralee on a charge of possessing child pornography.
Judge Brian Curtin, of Tralee, Co Kerry, was in Tralee District Court yesterday, accompanied by his solicitor, Mr Robert Pierse.
A bench warrant was to have been issued for his arrest if he failed to attend the court, Judge Humphrey Kelleher had said at the previous adjourned hearing of the case in the court on April 30th.
At that hearing, Judge Kelleher declined jurisdiction, saying the offence as alleged was "most serious" and not fit to be tried summarily.
He ordered the book of evidence to be served on or before June 11th.
A large folder of images, allegedly downloaded from Judge Curtin's computer, was handed in to the court on that day by Supt Noel White from the National Bureau of Crime Investigation.
Yesterday was the third time the case - which dates to May 27th, 2002 - was before the court, having been first adjourned last January because Judge Curtin was unable to appear on health grounds. He was unable to attend on April 30th also on health grounds, it was claimed.
Yesterday Judge Curtin arrived in the courtroom early, and sat unaccompanied in the public benches.
He held an umbrella and a hardcover book.
Ms Catherine Irvine, from the chief State prosecutor's office, told the court the book of evidence had been served and the application was for a return for trial.
Mr Pierse said he had general reservations about the case.
"Our appearance does not accept the validity of any step taken so far in this matter," Mr Pierse said.
He also maintained Judge Kelleher had returned the case for trial without the consent of the Director of Public Prosecutions. Consent should have been given on April 30th, when his client was sent forward for trial, and it could have been given in writing, but no consent was given, Mr Pierse said.
The DPP had now given consent to a jury trial, Judge Kelleher said.
Mr Pierse said Judge Kelleher had made his decision ( to decline jurisdiction and send Judge Curtin forward for trial) based on images handed to him on April 30th, which neither he nor his client had seen.
However, Judge Kelleher said he had not indicated why he had made his decision.
"I have never seen these images, nor has my client," Mr Pierse persisted.
Questioned by Judge Kelleher, Supt White said he had not served the accused with the exhibits. However, a list of the exhibits was contained in the book of evidence and these were available to the accused at any time.
"We asked for these exhibits as far back as July of last year and were refused," Mr Pierse said. "You had documentation we hadn't." He repeated that Judge Kelleher had made his decision to send his client for trial on the images handed in to him on April 30th.
Judge Kelleher said the images were only "part of my reason". He said Mr Pierse was in court six weeks ago and "had every opportunity" to say what he wanted to say on that day.
Any application to make a submission that there was not a case to answer must be made under the Criminal Procedures Act 1999, he said.
He returned Judge Curtin for trial to the next sitting of the Circuit Criminal Court in Tralee
Judge Kelleher asked Mr Pierse if there was anything else he wished to raise.
Mr Pierse answered, "publicity". Judge Kelleher said he would make no order.
The next sitting of the Circuit Criminal Court in Tralee is at the end of July.