145:. 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 GardaĂ 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. 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".
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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.
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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
203:
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.
805:
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
153:
There was considerable public outcry in response to the acquittal. Online opinion polls showed little support for his continuing to serve on the bench. Curtin refused a
Government request to step down, claiming that under the
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could have downloaded the pornographic images his computer without his knowledge. 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.
112:
Complaints
Appeals Board in May 2001; to the Refugee Appeals Tribunal in August 2001; and to the circuit court in November 2001. He heard cases on the Southwestern Circuit, encompassing his home county of Kerry.
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ruling in March 2006 upholding the process, the select committee took custody of the computer from the GardaĂ and hired experts to examine it. Curtin suggested that
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select committee to examine the evidence. This inquiry was challenged by Judge Curtin in the courts. The challenges were unsuccessful and following a
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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
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31:. After the case collapsed, the question of whether Curtin could continue as a judge became the focus of political and legal dispute. An
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under the 1937 Constitution — the first, in 1941, had been withdrawn. The Dáil suspended McDowell's motion and established a joint
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632:"Motion by the Minister of State at the Department of the Taoiseach (Ms Hanafin), Office of the Houses of the Oireachtas"
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on Curtin's private residence, seized his computer and reported finding 273 pornographic images of children on the
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Curtin married Miriam McGillicuddy, a solicitor and later mayor of Tralee. They have one daughter, and
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in Texas. The operation led to numerous arrests and convictions. Detectives executed a
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105:, for which party stood unsuccessfully for election to Tralee Town Council.
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46:. Curtin resigned in 2006 on grounds of ill health, and the motion lapsed.
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In June 2004 Justice
Minister McDowell moved an impeachment motion in the
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in August 2001 of Irish credit card transactions made in 1999 to a child-
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36:
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181:"unsuitable to exercise the office of a judge of the Circuit Court"
683:"Financial Resolutions. - Removal of Judge from Office—Motion"
371:"McDowell criticised for failing to mention Curtin nomination"
314:"A lonely pint for the man who was once the toast of Tralee"
54:
Curtin is the only child of a builder and his wife, who had
651:"Effort to remove Curtin had precedent in 1941 Dáil motion"
468:"It was wrong for prosecution to bring this case to trial"
129:, a major investigation based on details received from
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Joint
Committee on Article 35.4.1 (14 November 2006).
70:, in Surrey Lane, Battersea. In the 1970s he attended
731:. IOL Breaking News. 19 January 2006. Archived from
729:"Supreme Court to deliver Curtin judgment in March"
344:"Library Exhibition Charts Tralee Development"
27:judge, who was tried for possessing images of
689:. 7 May 1941. Vol. 83 No. 1 p.44 cc.114–117.
8:
634:. Dáil debates. 3 June 2004. Archived from
241:: CS1 maint: numeric names: authors list (
276:"Affable man, fiercely proud of his roots"
779:"Curtin resigns on grounds of ill health"
435:"Judge Curtin's home staked out for days"
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93:, and presented a Sunday morning show on
82:, and developed a high profile in Kerry.
78:in 1976. As a barrister he worked on the
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649:Ferriter, Diarmaid (23 November 2006).
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540:"Poll: Should Judge Curtin step down?"
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747:"Curtin committee faces fresh delays"
693:from the original on 29 November 2016
663:from the original on 20 December 2016
576:from the original on 18 November 2010
346:. Tralee Town Council. Archived from
7:
381:from the original on 20 October 2012
324:from the original on 23 October 2012
286:from the original on 20 October 2012
516:from the original on 15 August 2004
402:"Curtin detective rules out virus"
89:in c.1998. Curtin was involved in
14:
546:from the original on 4 March 2016
500:"Trial of judge Curtin collapses"
168:urged him to resign to prevent a
844:Alumni of Trinity College Dublin
795:from the original on 18 May 2011
755:. 30 August 2006. Archived from
612:from the original on 1 July 2004
596:"Motion to impeach judge begins"
542:. The Evening Herald. May 2004.
369:Beesley, Arthur (17 June 2004).
274:Humphreys, Joe (24 April 2004).
466:Hickey, Donal (24 April 2004).
312:O'Doherty, Gemma (1 May 2004).
97:. He was politically active in
834:Circuit Court (Ireland) judges
400:O'Kelly, Barry (16 May 2004).
1:
433:O'Kelly, Barry (2 May 2004).
185:judicial "impeachment" motion
158:he could only be removed for
566:"Judge Curtin should resign"
108:Curtin was appointed to the
183:. This was only the second
35:motion was launched in the
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854:20th-century Irish lawyers
859:21st-century Irish judges
839:Lawyers from County Kerry
19:(b. 1951/52) is a former
440:The Sunday Business Post
407:The Sunday Business Post
716:[2006] IESC S14
712:Curtin -v- Dáil Éireann
156:Constitution of Ireland
72:Trinity College Dublin
849:Alumni of King's Inns
170:constitutional crisis
160:"stated misbehaviour"
149:Attempted impeachment
103:Progressive Democrats
80:Kerry Babies Tribunal
74:, and qualified from
50:Early life and career
791:. 13 November 2006.
759:on 29 September 2007
735:on 17 February 2013.
687:Dáil Éireann debates
480:on 29 September 2007
447:on 29 September 2007
414:on 29 September 2007
179:, saying Curtin was
41:Minister for Justice
718: (9 March 2006)
135:pornography website
117:Trial and acquittal
25:Irish circuit court
350:on 7 December 2009
127:Operation Amethyst
638:on 4 August 2004.
512:. 23 April 2004.
318:Irish Independent
121:In May 2002, the
29:child pornography
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829:1950s births
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17:Brian Curtin
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697:28 November
667:28 November
580:23 February
385:23 February
354:23 February
328:23 February
290:23 February
99:Fianna Fáil
95:Radio Kerry
76:King's Inns
39:in 2004 by
33:impeachment
818:Categories
550:19 January
208:References
189:Oireachtas
58:from near
606:bbc.co.uk
251:Citations
227:4 October
143:hard disk
125:launched
87:separated
56:emigrated
21:barrister
793:Archived
784:RTÉ News
691:Archived
661:Archived
610:Archived
601:BBC News
574:Archived
544:Archived
514:Archived
505:RTÉ News
379:Archived
322:Archived
284:Archived
237:cite web
221:"Report"
131:Interpol
213:Sources
197:malware
799:13 May
789:RTÉ.ie
763:13 May
616:13 May
520:13 May
510:RTÉ.ie
484:13 May
451:13 May
418:13 May
60:Tralee
806:2004.
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110:Garda
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552:2006
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387:2010
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243:link
229:2018
177:Dáil
37:Dáil
23:and
62:in
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