The Circuit Court judge Brian Curtin has been disqualified from driving for two years, fined €250 and had his licence endorsed after he admitted driving with almost three times the legal alcohol limit when he was stopped by gardaí earlier this year.
Judge Curtin (51), Ard na Laoi, Tralee, Co Kerry, pleaded guilty at Tralee District Court yesterday to driving with excess alcohol at Cloonalour, Tralee, last May 8th. A second charge of refusing to give a breath sample was withdrawn by the State.
Supt Pat Sullivan told the court that Judge Curtin was arrested at around 10.50 p.m. when gardaí noticed a car being driven erratically towards the North Circular Road roundabout. He was taken to Tralee Garda station, where he gave a urine sample that showed almost three times the legal drink-driving limit.
Judge Curtin was not in court but his solicitor, Mr Robert Pierse, said his client "wished to apologise to the court and to the bench generally - it is very much regretted on the part of my client".
Mr Pierse handed five medical reports to Judge Terence Finn but pointed to one from consultant cardiologist at the Mater Hospital, Dr Edward Keelan, dated May 22nd, 2002.
Mr Pierse said the report - which advised that Judge Curtin should stay off alcohol - dated from "five days before an event of which everybody in this court is aware in which gardaí illegally went into my client's home and seized certain material".
Mr Pierse said that Judge Curtin had gone through a three-day trial on charges of possessing child pornography and had been acquitted, but that acquittal had been largely ignored by people, in particular certain sections of the press.
Mr Pierse pointed to a second medical report from physician Dr James O'Regan, dated May 12th, 2004, in which Dr O'Regan stated that Judge Curtin had sought admission to hospital on May 7th suffering from stress, depression and extreme anxiety.
Mr Pierse said the following day a "particularly vicious number of articles appeared in the papers, including one in the Star newspaper which somebody dropped in Judge Curtin's house and which upset him greatly".
"This newspaper, the Star, has been particularly vicious towards him," said Mr Pierse, adding his client had been assaulted, abused and spat upon in Tralee.
On the day in question, Judge Curtin had not eaten all day, and that night drove downtown to get a meal. He parked and was walking along when he was abused by three youths. Instead of going for food, he went into a pub. "Unfortunately, he drank, not too wisely but too well - it is quite clear that the man was dreadfully upset," said Mr Pierse.
It was unfortunate the judge had not been admitted to hospital on May 7th, he said.
Judge Finn noted that Judge Curtin had pleaded guilty, co-operated with gardaí, and had no previous convictions.
