Judge turns up in court to face child porn charge
Judge Brian Curtin, who had twice previously failed to appear before District Judge Humphrey Kelleher at Tralee Court, yesterday arrived at the courthouse with his solicitor, Robert Pierse, 25 minutes before the court started at 11am.
Judge Curtin, 51, was returned for trial to the next sittings of the Circuit Criminal Court in Tralee, due to commence on July 22, on a charge of knowingly possessing child pornography, under the Child Trafficking and Pornography Act 1998, at his home, 24 Ard na Li, Tralee, on May 27 last year.
His home was among more than 100 premises raided by gardaí under Operation Amethyst in May 2002. The raids arose from an investigation into the downloading of child pornography from the internet.
At Tralee Court on April 30 last, Judge Kelleher made an order that Judge Curtin be arrested and brought to court if he did not attend voluntarily yesterday. On previous occasions, his legal team said he was medically unfit to attend.
At the opening of yesterday's 10-minute hearing, solicitor Catherine Irvine, of the State Prosecutor's office, said the book of evidence was served and asked that the accused be returned for trial.
Mr Pierse, proceeding to make a number of legal points, stated: "Our appearance does not accept the validity of any steps taken so far in this matter." He also said the consent of the DPP should have been given before Judge Kelleher sent him forward for trial, on April 30.
Mr Pierse further submitted that Judge Kelleher had made his decision on images that had been handed to him on that date.
Judge Kelleher replied that didn't indicate why he declined jurisdiction, except to make a general statement.
The images were only part of his decision and, if necessary, he would go and get his notebook.
Mr Pierse said neither he, nor Judge Curtin, had seen these exhibits.
Supt Noel White, National Bureau of Criminal Investigation, was then called by Judge Kelleher and asked if he had served the exhibits on the accused.
Supt White replied he had not, but they were available to the accused if he wanted them and there was also a list of exhibits in the book of evidence.
Mr Pierse said he had asked for the exhibits last July and was refused them.
During the hearing, Judge Curtin sat in the front row of the public gallery dressed in a dark, pinstripe suit, blue shirt and red and blue tie.
He was spoken to by Judge Kelleher as follows: "Come forward Brian Curtin to sign the bond."
The accused walked to the witness box, sat down and was again spoken to by Judge Kelleher, who said: "Please stand, Brian Judge Curtin," asking him to sign a bond and take an alibi notice.
Judge Kelleher made no order in relation to publicity of the case.
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