Curtin appeals High Court rejection of challenge

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 delivered on May 3 last by Mr Justice Thomas Smyth. Lawyers for the Kerry-based judge would not say immediately after the May 3 decision whether they would take an appeal to the Supreme Court.

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

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.

In April 2004, Judge Curtin was acquitted, by direction of a judge at Tralee Circuit Court, on a charge of possessing child pornography. The acquittal came about as a warrant under which his computer was seized was out of date.