Judge Curtin appeals court decision

Circuit Court Judge Brian Curtin is to appeal the High Court's rejection earlier this month of his challenge to the mechanism…

Circuit Court Judge Brian Curtin is to appeal the High Court's rejection earlier this month of his challenge to the mechanism set up by the Houses of the Oireachtas to investigate and gather evidence into his alleged misbehaviour.

Judge Curtin lost his challenge in a High Court judgment on May 3rd which was delivered by Mr Justice Thomas Smyth.

Yesterday it was learned that appeal papers had been lodged, but it could be some time before the appeal hearing is held.

In April 2004 Judge Curtin was acquitted by Tralee Circuit Court on a charge of possessing child pornography when it emerged that a warrant under which his computer had been seized was out of date.

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In the High Court it was submitted on behalf of Judge Curtin that the procedures adopted by the Houses of the Oireachtas had failed completely to provide any mechanism by which facts could be found which might constitute stated misbehaviour.