Curtin loses challenge to Oireachtas probe

Updated: 22:10, Tuesday, 3 May 2005

The Circuit Court Judge, Brian Curtin, has lost a High Court challenge to the committee and the procedures established by the Oireachtas to investigate his alleged misbehaviour.

1 of 2 Brian Curtin High Court bid fails
Brian Curtin
High Court bid fails

The Circuit Court Judge, Brian Curtin, has lost a High Court challenge to the committee and the procedures established by the Oireachtas to investigate his alleged misbehaviour.

Mr Justice Thomas Smyth took almost five hours to deliver judgment in the case and Judge Curtin failed on all grounds submitted to the court.

Mr Justice Smyth said he was satisfied that the procedures put in place were necessary for the preservation of public confidence in the justice system and were not an attack on the independence of the judiciary.

Judge Curtin was not in court today. His legal team sought time to read the substantial judgment before making any further application to the court and the case was adjourned until 11 May.

Judge Curtin was acquitted last year by direction of a judge in Tralee Circuit Criminal Court of a charge of possessing child pornography. 

The acquittal came after it was held that an out of date search warrant was used by gardaí who seized his computer and other materials.

The Government then indicated it intended proposing a motion to the Houses of the Oireachtas for his removal from office under the Constitution and a select committee was established to prepare reports. 

However, the committee's work was adjourned when Judge Curtin began High Court proceedings, claiming the mechanism being used by the Dáil and Seanad to investigate his alleged misbehaviour was unlawful and unconstitutional.

Live Player

  • Next
  • 04:05 - 04:30

    Nationwide

  • 13:00 - 13:45

    RTÉ Radio - News at One (Studio Webcam)

  • Later
  • 13:05 - 13:15

    RTÉ News and Weather

  • 17:45 - 18:00

    Nuacht RTÉ

News Quiz