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Curtin acts to block 'misbehaviour' probe

01/03/2005 - 06:50:41
Circuit Court Judge Brian Curtin is to begin a High Court case today to prevent an Oireachtas Committee investigation into his conduct from going ahead.

The 51-year-old, from Tralee, Co Kerry, was acquitted last year on charges of possessing child pornography after the Garda warrant used to search his house was found to be out of date.

The Oireachtas Committee was set up last summer after the Government passed a motion to remove Judge Curtin for ‘stated misbehaviour’.

The intention was to present a report to the Dáil, before calling a vote on the judge’s future.

However, Judge Curtin refused to comply with an order from the committee to hand over his computer and other materials seized by gardaí.

His lawyers said the committee’s right to investigate their client was unlawful and unconstitutional.

Senior Counsel John Rodgers told the High Court last December it could result in the judge incriminating himself while answering questions.

“It’s effectively seeking to remove Judge Curtin from office for the same offence of which he was cleared,” he said.

Judge Curtin was granted the right to seek a judicial review of the committee’s investigation. It has been halted pending the outcome of today’s case.

Last December, Judge Curtin was disqualified from driving for two years after he admitted driving with almost three times the legal alcohol limit.



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