Curtin case

The story so far.

The story so far.

November 11th, 2001: Brian Curtin appointed as a judge of the Circuit Court, to sit on the Munster circuit.

May 20th, 2002: The President of the District Court issues a warrant for a search of Judge Brian Curtin's home in Tralee on the basis that there are reasonable grounds for suspecting that it contains evidence relating to an offence under the Child Trafficking and Pornography Act

May 27th, 2002: A series of raids carried out by gardaí on the homes of a number of individuals suspected of possession of child pornography, among them that of Judge Curtin

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November 26th, 2002: Judge Curtin charged with possession of child pornography.

January 15th, 2003: The case comes up in Tralee District Court. He is not present in court, and the case is adjourned for the first of a number of occasions.

June 6th, 2003: Judge Humphrey Kelleher of the District Court declines jurisdiction in the case, which goes forward to the Circuit Court

April 20th, 2003: The case opens before Judge Carroll Moran in Tralee Circuit Court. Judge Curtin pleads not guilty to the possession of child pornography. Judge Moran addresses the jury.

April 21st, 2003: Counsel for the DPP outlines the case against Judge Curtin, stating a number of images depicting children engaged in explicit sexual acts, or showing the genital areas of children, had been found on his computer. The defence opens its challenge to the evidence, which begins in the absence of the jury.

April 22nd, 2003: The defence continues its challenge to the computer evidence, on the basis that the warrant under which it was seized was out of date at the time of the seizure. The judge begins his consideration of the submissions

April 23rd, 2003: Judge Carroll Moran rules that the evidence was not admissible, and directs the jury to acquit Judge Curtin of the charges.

April 27th, 2003: The Government initiates correspondence with the judge asking him to explain the circumstances giving rise to the charges being laid, and refers to the power of the Oireachtas, under the Constitution, to remove a judge from office for stated misbehaviour. He replies, refusing to offer any explanation.

May, 2003: The Government discusses various options in relation to moving to impeach Judge Curtin, and informs him of its proposals

June 3rd, 2003: The Government proposes to the Oireachtas the setting-up of a seven-person Oireachtas committee to inquire into Judge Curtin's conduct. This is agreed, and the committee is set up, under the chairmanship of Denis O'Donovan TD.

July 7th, 2003: Lawyers for Judge Curtin make the first legal moves in what will eventually be a lengthy High Court challenge to the Government proposal and the Oireachtas committee. Meanwhile, they also contact the Oireachtas committee, saying he is medically not fit to appear before it. The judge is admitted to St John of God's Hospital.

August 25th, 2003: The Oireachtas committee begins its work, ordering lawyers for Judge Curtin to produce his medical reports to it by September 14th.

September 28th, 2003: The committee rejects his claim that he is not fit to appear before it. At later meetings it orders him to produce his computer and financial records.

December 8th,2003: Judge Curtin is convicted of drunk-driving and banned from driving for two years

December 21st, 2003: The High Court grants Judge Curtin leave to challenge the constitutionality of the mechanism set up by the Oireachtas to inquire into his alleged misbehaviour. The Oireachtas committee adjourns its proceedings.

March 4th, 2005: The High Court constitutional challenge to the Oireachtas committee opens before Mr Justice Thomas Smyth.

March 10th, 2005: Judgment in the case is reserved.

May 4th 2005: Mr Justice Smyth delivers his judgment, ruling that the setting up of the committee to inquire into Judge Curtin's alleged misbehaviour is constitutional. Judge Curtin decides to appeal to the Supreme Court.

October 23rd, 2005: Supreme Court hearing opens and is heard for four days.

October 27th, 2005: The Supreme Court reserves its judgment.

March 9th, 2006: The Supreme Court upholds the High Court judgment

Compiled by Carol Coulter