Brian Curtin
{{EngvarB|date=April 2014}}
{{Use dmy dates|date=April 2014}}
Brian Curtin (b. 1951/52) is a former barrister and Irish circuit court judge, who was tried for possessing images of child pornography. After the case collapsed, the question of whether Curtin could continue as a judge became the focus of political and legal dispute. An impeachment motion was launched in the Dáil in 2004 by Minister for Justice Michael McDowell. Curtin resigned in 2006 on grounds of ill health, and the motion lapsed.
Early life and career
Curtin is the only child of a builder and his wife, who had emigrated from near Tralee in county Kerry to south London where Brian was born and raised, attending St Joseph's Roman Catholic Primary School, Putney Bridge Road, Wandsworth, as well as the Salesian College, in Surrey Lane, Battersea.{{Cite news|url=http://www.irishtimes.com/newspaper/ireland/2004/0424/1079399198412.html|title=Affable man, fiercely proud of his roots|last=Humphreys|first=Joe|date=24 April 2004|newspaper=The Irish Times|access-date=23 February 2010|archive-date=20 October 2012|archive-url=https://web.archive.org/web/20121020074818/http://www.irishtimes.com/newspaper/ireland/2004/0424/1079399198412.html|url-status=live}} In the 1970s he attended Trinity College Dublin, and qualified from King's Inns in 1976. As a barrister he worked on the Kerry Babies Tribunal, and developed a high profile in Kerry.
Curtin married Miriam McGillicuddy, a solicitor and later mayor of Tralee.{{Cite web|url=http://www.tralee.ie/libraryexhibition.htm |title=Library Exhibition Charts Tralee Development |publisher=Tralee Town Council |access-date=23 February 2010 |url-status=dead |archive-url=https://web.archive.org/web/20091207222139/http://www.tralee.ie/libraryexhibition.htm |archive-date= 7 December 2009 }} They have one daughter, and separated in c.1998. Curtin was involved in amateur drama, and presented a Sunday morning show on Radio Kerry.{{Cite news|url=http://www.independent.ie/unsorted/features/a-lonely-pint-for-the-man-who-was-once-the-toast-of-tralee-169881.html|title=A lonely pint for the man who was once the toast of Tralee|last=O'Doherty|first=Gemma|date=1 May 2004|work=Irish Independent|access-date=23 February 2010|archive-date=23 October 2012|archive-url=https://web.archive.org/web/20121023050943/http://www.independent.ie/unsorted/features/a-lonely-pint-for-the-man-who-was-once-the-toast-of-tralee-169881.html|url-status=live}} He was politically active in Fianna Fáil, and later the Progressive Democrats, for which party stood unsuccessfully for election to Tralee Town Council.
Curtin was appointed to the Garda Complaints Appeals Board in May 2001; to the Refugee Appeals Tribunal in August 2001; and to the circuit court in November 2001.{{Cite news|url=http://www.irishtimes.com/newspaper/ireland/2004/0617/1086274493969.html|title=McDowell criticised for failing to mention Curtin nomination|last=Beesley|first=Arthur|date=17 June 2004|newspaper=The Irish Times|access-date=23 February 2010|archive-date=20 October 2012|archive-url=https://web.archive.org/web/20121020074829/http://www.irishtimes.com/newspaper/ireland/2004/0617/1086274493969.html|url-status=live}} He heard cases on the Southwestern Circuit, encompassing his home county of Kerry.
Trial and acquittal
In May 2002, the Garda Síochána launched Operation Amethyst, a major investigation based on details received from Interpol in August 2001 of Irish credit card transactions made in 1999 to a child-pornography website in Texas.
{{Cite news
|last=O'Kelly
|first=Barry
|url=http://archives.tcm.ie/businesspost/2004/05/16/story362446926.asp
|work=The Sunday Business Post
|title=Curtin detective rules out virus
|date=16 May 2004
|access-date=13 May 2007
|url-status=dead
|archive-url=https://web.archive.org/web/20070929152334/http://archives.tcm.ie/businesspost/2004/05/16/story362446926.asp
|archive-date=29 September 2007
}}
The operation led to numerous arrests and convictions. Detectives executed a search warrant on Curtin's private residence, seized his computer and reported finding 273 pornographic images of children on the hard disk. Curtin was charged in January 2003. Following delays due to the judge's ill-health, the trial took place in April 2004. At the trial, Curtin claimed that the search was illegal because it had taken place outside the limit of the 7-day warrant. The Gardaí claimed that the delay was due to Curtin's extended absence from his home and that when it took place at 2:20pm on 27 May 2002, it was still within the 7-day limit.
{{Cite news
|last=O'Kelly
|first=Barry
|url=http://archives.tcm.ie/businesspost/2004/05/02/story948455514.asp
|work=The Sunday Business Post
|title=Judge Curtin's home staked out for days
|date=2 May 2004
|access-date=13 May 2007
|url-status=dead
|archive-url=https://web.archive.org/web/20070929104432/http://archives.tcm.ie/businesspost/2004/05/02/story948455514.asp
|archive-date=29 September 2007
{{Cite news
|last=Hickey
|first=Donal
|url=http://archives.tcm.ie/irishexaminer/2004/04/24/story755830857.asp
|work=Irish Examiner
|title=It was wrong for prosecution to bring this case to trial
|date=24 April 2004
|access-date=13 May 2007
|url-status=dead
|archive-url=https://web.archive.org/web/20070929122036/http://archives.tcm.ie/irishexaminer/2004/04/24/story755830857.asp
|archive-date=29 September 2007
}} The trial judge ruled that the search was illegal. As a result, the computer evidence found could not be used. Without that evidence Curtin was found not guilty, the judge declaring that the case was "crystal clear".{{Cite news
| url = http://www.rte.ie/news/2004/0423/curtinb.html
| publisher = RTÉ.ie
| work = RTÉ News
| title = Trial of judge Curtin collapses
| date = 23 April 2004
| access-date = 13 May 2007
| quote = In his seven-page written judgement, Judge Moran described the submissions made by the prosecution on the validity of the search warrant as 'untenable and nonsensical'. He said the prosecution must have known or at least ought to have known that on any reasonable interpretation of the issues any judge in any court would have excluded the relevant evidence. Judge Moran said the law was crystal clear and the issue could not be simpler. He said it was wrong for the prosecution to bring this case to trial when they knew or ought to have known that the warrant had expired and the evidence collected as a result of the execution of the warrant would have been inadmissible.
| archive-date = 15 August 2004
| archive-url = https://web.archive.org/web/20040815055020/http://www.rte.ie/news/2004/0423/curtinb.html
| url-status = live
}}
Attempted impeachment
There was considerable public outcry in response to the acquittal. Online opinion polls showed little support for his continuing to serve on the bench.{{Cite news
| url = http://www.evening-herald.ie/polls/index.php3?ident=Irish%20Independent&mypollid=1157&vo=1
| publisher = The Evening Herald
| title = Poll: Should Judge Curtin step down?
| date = May 2004
| access-date = 19 January 2006
| archive-date = 4 March 2016
| archive-url = https://web.archive.org/web/20160304105131/http://www.evening-herald.ie/polls/index.php3?ident=Irish%20Independent&mypollid=1157&vo=1
| url-status = live
}} Curtin refused a Government request to step down, claiming that under the Constitution of Ireland he could only be removed for "stated misbehaviour". The Irish Times urged him to resign to prevent a constitutional crisis.{{Cite news|url=http://www.irishtimes.com/newspaper/opinion/2004/0519/1084325396739.html|title=Judge Curtin should resign|date=5 May 2004|newspaper=The Irish Times|access-date=23 February 2010|archive-date=18 November 2010|archive-url=https://web.archive.org/web/20101118113103/http://www.irishtimes.com/newspaper/opinion/2004/0519/1084325396739.html|url-status=live}}
In June 2004 Justice Minister McDowell moved an impeachment motion in the Dáil, saying Curtin was "unsuitable to exercise the office of a judge of the Circuit Court".{{Cite news
| url = http://news.bbc.co.uk/1/hi/northern_ireland/3771287.stm
| work = BBC News
| publisher = bbc.co.uk
| title = Motion to impeach judge begins
| date = 2 June 2004
| access-date = 13 May 2007
| archive-date = 1 July 2004
| archive-url = https://web.archive.org/web/20040701121603/http://news.bbc.co.uk/1/hi/northern_ireland/3771287.stm
| url-status = live
{{Cite news
|url=http://193.178.1.238/DDebate.aspx?F=DAL20040603.xml&Node=224
|archive-url=https://web.archive.org/web/20040804070134/http://193.178.1.238/DDebate.aspx?F=DAL20040603.xml&Node=224
|url-status=dead
|archive-date=4 August 2004
|publisher=Dáil debates
|title=Motion by the Minister of State at the Department of the Taoiseach (Ms Hanafin), Office of the Houses of the Oireachtas
|date=3 June 2004
}} This was only the second judicial "impeachment" motion under the 1937 Constitution — the first, in 1941, had been withdrawn.{{cite news|url=http://www.irishtimes.com/opinion/effort-to-remove-curtin-had-precedent-in-1941-d%C3%A1il-motion-1.1263919|title=Effort to remove Curtin had precedent in 1941 Dáil motion|last=Ferriter|first=Diarmaid|date=23 November 2006|newspaper=The Irish Times|access-date=28 November 2016|archive-date=20 December 2016|archive-url=https://web.archive.org/web/20161220124611/http://www.irishtimes.com/opinion/effort-to-remove-curtin-had-precedent-in-1941-d%C3%A1il-motion-1.1263919|url-status=live}}{{cite web|url=http://oireachtasdebates.oireachtas.ie/Debates%20Authoring/DebatesWebPack.nsf/takes/dail1941050700044|title=Financial Resolutions. - Removal of Judge from Office—Motion.|date=7 May 1941|work=Dáil Éireann debates|pages=Vol. 83 No. 1 p.44 cc.114–117|no-pp=y|access-date=28 November 2016|archive-date=29 November 2016|archive-url=https://web.archive.org/web/20161129030735/http://oireachtasdebates.oireachtas.ie/Debates%20Authoring/DebatesWebPack.nsf/takes/dail1941050700044|url-status=live}} The Dáil suspended McDowell's motion and established a joint Oireachtas select committee to examine the evidence. This inquiry was challenged by Judge Curtin in the courts. The challenges were unsuccessful and following a Supreme Court ruling in March 2006 upholding the process,{{cite BAILII |country=IE |court=IESC |year=2006 |num=S14 |litigants=Curtin -v- Dáil Éireann |date=9 March 2006}} the select committee took custody of the computer from the Gardaí and hired experts to examine it. Curtin suggested that malware could have downloaded the pornographic images his computer without his knowledge.{{Cite news
| url = http://breakingnews.iol.ie/news/story.asp?j=169775350&p=y69776x56
| archive-url = https://archive.today/20130217213957/http://breakingnews.iol.ie/news/story.asp?j=169775350&p=y69776x56
| url-status = dead
| archive-date = 17 February 2013
| publisher = IOL Breaking News
| title = Supreme Court to deliver Curtin judgment in March
| date = 19 January 2006
}} The process took longer than expected but they planned to issue a report to the Oireachtas in late 2006 to facilitate a debate and vote.
{{Cite news
|url=http://archives.tcm.ie/irishexaminer/2006/08/30/story12069.asp
|work=Irish Examiner
|title=Curtin committee faces fresh delays
|date=30 August 2006
|access-date=13 May 2007
|url-status=dead
|archive-url=https://web.archive.org/web/20070929150748/http://archives.tcm.ie/irishexaminer/2006/08/30/story12069.asp
|archive-date=29 September 2007
}}
In November 2006, Judge Curtin resigned from the judiciary on health grounds, ending the investigation. This occurred days before he was to give evidence in private to the committee, and days after he had completed five years on the bench, the minimum sufficient to qualify for a pension.{{Cite news
| title = Curtin resigns on grounds of ill health
| work = RTÉ News
| publisher = RTÉ.ie
| date = 13 November 2006
| url = http://www.rte.ie/news/2006/1113/curtinb.html
| quote = An Oireachtas Committee said that in the light of Judge Curtin's resignation, it would not now proceed with its inquiry into alleged misconduct by the Judge following his acquittal on charges of possession of child pornography in 2004.
| access-date = 13 May 2007
| archive-date = 18 May 2011
| archive-url = https://web.archive.org/web/20110518034036/http://www.rte.ie/news/2006/1113/curtinb.html
| url-status = live
}}
References
=Sources=
- {{Cite web |url=http://archive.oireachtas.ie/2006/en.toc.com.REPORT_20061114_1.html |date=14 November 2006 |title=Report |publisher=Oireachtas |author=Joint Committee on Article 35.4.1 |access-date=4 October 2018}}
=Citations=
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Category:Circuit Court (Ireland) judges
Category:Lawyers from County Kerry
Category:Alumni of Trinity College Dublin
Category:Alumni of King's Inns