It was wrong for prosecution to bring this case to trial

IT was a case that should never have been brought to trial — that was the judgment of Judge Carroll Moran, who was highly critical of the DPP, describing as “untenable and nonsensical” submissions made on behalf of the prosecution.

It was also a case that the prosecution should have known was going to have an inevitable outcome, he emphasised, before directing the jury to bring in a not guilty verdict. The case hung very simply on whether investigating gardaí searched the home of Judge Brian Curtin, in Tralee, within the seven days their warrant allowed them.

Judge Moran ruled they did the search on the eighth day. Therefore, the warrant had expired and any evidence found in the house was invalid and could not be used in the case.