High Court sets date for Curtin challenge

The High Court today set a date for the hearing of the challenge by Circuit Court Judge Brian Curtin to the mechanism used to…

The High Court today set a date for the hearing of the challenge by Circuit Court Judge Brian Curtin to the mechanism used to investigate his alleged misbehaviour.

The judge claims the mechanism put in place by the Oireachtas is unlawful and unconstitutional.

Mr Justice Thomas Smyth will hear the case on March 1st. It is expected to take three to four days.

On December 21st last, the High Court gave leave to Judge Curtin to bring the judicial review proceedings. He said a proper case had been made out on behalf of the judge to grant leave.

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In April 2004, Judge Curtin, by direction of the trial judge at Tralee Circuit Court, was acquitted of possessing child pornography. However, a select committee of Oireachtas members later ordered him to hand over his computer and other materials currently being held by gardai to the committee.

When the case was before the High Court last month, counsel for Judge Curtin said his client was effectively being ordered to produce material he did not have. The effect was to compel him to provide an answer against himself and to effectively "hang himself".

The law provided that no one should have to answer a question through compulsion so as to incriminate themselves, it was argued.