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Brian Curtin

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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". 527:
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
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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.
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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
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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.
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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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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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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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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-
130: 196: 176: 36: 59: 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 219:
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" 269: 267: 265: 263: 261: 259: 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 307: 305: 303: 301: 649:Ferriter, Diarmaid (23 November 2006). 255: 540:"Poll: Should Judge Curtin step down?" 234: 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 875: 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 866: 809: 808: 802: 800: 775: 769: 768: 766: 764: 743: 737: 736: 725: 719: 709: 703: 702: 700: 698: 679: 673: 672: 670: 668: 646: 640: 639: 628: 622: 621: 619: 617: 592: 586: 585: 583: 581: 562: 556: 555: 553: 551: 536: 530: 529: 523: 521: 496: 490: 489: 487: 485: 476:. 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Index

barrister
Irish circuit court
child pornography
impeachment
Dáil
Minister for Justice
Michael McDowell
emigrated
Tralee
county Kerry
Salesian College
Trinity College Dublin
King's Inns
Kerry Babies Tribunal
separated
amateur drama
Radio Kerry
Fianna Fáil
Progressive Democrats
Garda
Garda Síochána
Operation Amethyst
Interpol
pornography website
search warrant
hard disk
Constitution of Ireland
The Irish Times
constitutional crisis
Dáil

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