An application to have the trial of Judge Brian Curtin, who is charged with knowingly possessing child pornography at his home, transferred from Kerry to the Dublin Circuit was refused yesterday.
The trial is set for April 20th at the Circuit Criminal Court in Tralee.
At the Circuit Court in Listowel yesterday, Judge Carroll Moran prohibited the publishing of the specific details of the basis of the application to have the trial moved.
Mr Brian McInerney, barrister for Judge Curtin, said he was requesting the trial be transferred to Dublin under Section 32, subsection one, of the Courts and Court Officers Act 1995 .
An affidavit by Judge Curtin was read to the court, and a large volume of press cuttings entered into evidence.
Ms Mary Ellen Ring, senior counsel, said the Director of Public Prosecutions was not consenting to the application to have the trial moved.
Clearly, the DPP supported an applicant's superior right to a fair trial. Suggesting pre-trial publicity can have adverse effects (on a trial) was to underestimate jurors, she said. "We mustn't wrongly impute naivety to jurors."
The jurors' decision would have to be based on evidence and only on the evidence before them, and they would be told this. There were a number of safeguards against "media enthusiasm". Other matters referred to in the accused's affidavit could be reported to the police and dealt with in the ordinary way, Ms Ring added.
Judge Moran adjourned the court after the 90-minute hearing, returning 30 minutes later to give his verdict. His decision had been given extra care given there was no right of appeal on the matter, he said.
The perception of justice and the administration of justice, were both important, he said.Because of the nature of the subject matter, the trial judge would have to go to some lengths to satisfy himself that any jury would be empanelled in circumstances fair to the accused. The jury members would be warned they are not to serve if they knew the accused and held strong views on this particular issue.
Given the national nature of the publicity at issue yesterday, given the particular nature of this offence "which must attract strong views from potential jurors whether in Kerry or in Dublin", given there was no indication that there was any particular "local malevolence" towards the accused more than could be expected anywhere else, he did not think there was any basis to conclude that it would not be possible to empanel a jury in Tralee rather than in Dublin.
He could see no basis for believing the accused would be in a better or worse situation if the trial were held elsewhere. He was not satisfied it would be unjust to hold the trial in Tralee.
Mr McInerney then applied for an adjournment to Michaelmas to enable "the fade factor" to come into operation. Judge Moran refused the longer adjournment.