The issue in the case against Judge Brian Curtin is not whether child pornography is something evil, but whether the accused is guilty or not guilty, the judge in Tralee Circuit Court told the jury panel at the opening of the case yesterday.
Judge Carroll Moran addressed the full jury panel before the jury of five women and seven men was selected and sworn in. Judge Curtin pleaded not guilty to a charge of possessing child pornography in his home in Tralee on May 27th, 2002.
"The allegation is of possession of child pornography," Judge Moran told the jury panel. "We all have views about a matter such as this. The fact that we have views or that I have views does not mean we cannot hear the case. But if you had views of such strength on this subject that it would affect your capacity to hear the evidence, consciously or subconsciously, or that you would be unable to be impartial, than you should not serve on this jury."
He also told the jury panel that a person who knew Judge Curtin or his family personally should not serve on the jury. However, he said the accused was a Circuit Court judge, and the case had attracted a certain degree of attention in the media, so it was likely that everyone knew about it.
"This has to be tried in the Circuit Court. This means that the accused has to be tried by a jury and the judge, presiding, has to be a colleague. The judge does not determine the final issue. That's the prerogative of the jury.
"The reason I am hearing the case is that I am the judge at the moment sitting in Kerry. Force of circumstances obliges me to hear the case."
He said he did not know the accused very well. "Despite my acquaintance with him, I am obliged under the law and according to my declaration to administer justice without fear or favour, and that is what I will do."
He stressed that the "golden thread" that would run through the case is that the accused is innocent until the prosecution can prove otherwise beyond reasonable doubt.
He warned the jury that the case was likely to last at least two weeks. "But time tends to be underestimated. It could go into a third week," he said.
Thirteen of the jury panel asked to be excused. A farmer said he could not be away from his farm for such a length of time and a woman said she looked after her grandchild for her daughter. Most of those seeking to be excused said they knew Judge Curtin or his former wife.
When the jury was sworn in, the case was adjourned until today to allow for lap-top computers to be installed in the court-room.
When the case opened in the morning Judge Curtin was formally charged with possession of child pornography, contrary to Section 6 of the Child Trafficking and Pornography Act. Asked how he pleaded, he replied, "Not guilty." His counsel, Mr Patrick MacEntee SC, immediately asked that certain matters be dealt with in the absence of the jury, and legal arguments were heard in another courtroom.