barrister
A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
child pornography
Child pornography (also abbreviated as CP, also called child porn or kiddie porn, and child sexual abuse material, known by the acronym CSAM (underscoring that children can not be deemed willing participants under law)), is Eroticism, erotic ma ...
. After the case collapsed, the question of whether Curtin could continue as a judge became the focus of political and legal dispute. An
impeachment
Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In Eur ...
Curtin is the only child of a builder and his wife, who had
emigrated
Emigration is the act of leaving a resident country or place of residence with the intent to settle elsewhere (to permanently leave a country). Conversely, immigration describes the movement of people into one country from another (to permanentl ...
from near
Tralee
Tralee ( ; , ; formerly , meaning 'strand of the River Lee') is the county town of County Kerry in the south-west of Republic of Ireland, Ireland. The town is on the northern side of the neck of the Dingle Peninsula, and is the largest town in ...
in
county Kerry
County Kerry () is a Counties of Ireland, county on the southwest coast of Republic of Ireland, Ireland, within the Provinces of Ireland, province of Munster and the Southern Region, Ireland, Southern Region. It is bordered by two other countie ...
to south London where Brian was born and raised, attending St Joseph's Roman Catholic Primary School, Putney Bridge Road, Wandsworth, as well as the Salesian College, in Surrey Lane, Battersea. In the 1970s he attended
Trinity College Dublin
Trinity College Dublin (), officially titled The College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, and legally incorporated as Trinity College, the University of Dublin (TCD), is the sole constituent college of the Unive ...
, and qualified from
King's Inns
The Honorable Society of King's Inns () is the "Inn of Court" for the Bar of Ireland. Established in 1541, King's Inns is Ireland's oldest school of law and one of Ireland's significant historical environments.
The Benchers of King's Inns aw ...
in 1976. As a barrister he worked on the Kerry Babies Tribunal, and developed a high profile in Kerry.
Curtin married Miriam McGillicuddy, a solicitor and later mayor of Tralee. They have one daughter, and separated in c.1998. Curtin was involved in
amateur drama
An amateur () is generally considered a person who pursues an avocation independent from their source of income. Amateurs and their pursuits are also described as popular, informal, self-taught, user-generated, DIY, and hobbyist.
History
His ...
, and presented a Sunday morning show on
Radio Kerry
Radio Kerry is a full-service, licensed radio station that operates from the franchise area of County Kerry in Southwest Ireland.
Radio Kerry was established in 1989 and began broadcasting on 14 July 1990. He was politically active in
Fianna Fáil
Fianna Fáil ( ; ; meaning "Soldiers of Destiny" or "Warriors of Fál"), officially Fianna Fáil – The Republican Party (), is a centre to centre-right political party in Ireland.
Founded as a republican party in 1926 by Éamon de ...
, and later the
Progressive Democrats
The Progressive Democrats (, literally "The Democratic Party"), commonly referred to as the PDs, were a conservative liberal political party in Ireland. The party's history spanned 24 years, from its formation in 1985 to its dissolution in 20 ...
, for which party stood unsuccessfully for election to Tralee Town Council.
Curtin was appointed to the Garda Complaints Appeals Board in May 2001; to the Refugee Appeals Tribunal in August 2001; and to the circuit court in November 2001. He heard cases on the Southwestern Circuit, encompassing his home county of Kerry.
Trial and acquittal
In May 2002, the
Garda Síochána
(; meaning "the Guardian(s) of the Peace") is the national police and security service of Republic of Ireland, Ireland. It is more commonly referred to as the Gardaí (; "Guardians") or "the Guards". The service is headed by the Garda Commissio ...
launched
Operation Amethyst
Operation Amethyst was a Garda Síochána (police) operation targeting child pornography in the Republic of Ireland. Involving simultaneous searches on May 27, 2002, of over 100 individuals suspected of downloading child pornography, it was one o ...
, a major investigation based on details received from
Interpol
The International Criminal Police Organization – INTERPOL (abbreviated as ICPO–INTERPOL), commonly known as Interpol ( , ; stylized in allcaps), is an international organization that facilitates worldwide police cooperation and crime cont ...
in August 2001 of Irish credit card transactions made in 1999 to a child- pornography website in Texas. The operation led to numerous arrests and convictions. Detectives executed a
search warrant
A search warrant is a court order that a magistrate or judge issues to authorize Police, law enforcement officers to conduct a Search and seizure, search of a person, location, or vehicle for evidence of a crime and to Confiscation, confiscate an ...
on Curtin's private residence, seized his computer and reported finding 273 pornographic images of children on the
hard disk
A hard disk drive (HDD), hard disk, hard drive, or fixed disk is an electro-mechanical data storage device that stores and retrieves digital data using magnetic storage with one or more rigid rapidly rotating hard disk drive platter, pla ...
. Curtin was charged in January 2003. Following delays due to the judge's ill-health, the trial took place in April 2004. At the trial, Curtin claimed that the search was illegal because it had taken place outside the limit of the 7-day warrant. The Gardaí claimed that the delay was due to Curtin's extended absence from his home and that when it took place at 2:20pm on 27 May 2002, it was still within the 7-day limit. The trial judge ruled that the search was illegal. As a result, the computer evidence found could not be used. Without that evidence Curtin was found not guilty, the judge declaring that the case was "crystal clear".
Attempted impeachment
There was considerable public outcry in response to the acquittal. Online opinion polls showed little support for his continuing to serve on the bench. Curtin refused a Government request to step down, claiming that under the
Constitution of Ireland
The Constitution of Ireland (, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. It guarantees certain fundamental rights, along with a popularly elected non-executi ...
he could only be removed for ''"stated misbehaviour"''. ''
The Irish Times
''The Irish Times'' is an Irish daily broadsheet newspaper and online digital publication. It was launched on 29 March 1859. The editor is Ruadhán Mac Cormaic. It is published every day except Sundays. ''The Irish Times'' is Ireland's leading n ...
'' urged him to resign to prevent a
constitutional crisis
In political science, a constitutional crisis is a problem or conflict in the function of a government that the constitution, political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variat ...
.
In June 2004 Justice Minister McDowell moved an impeachment motion in the Dáil, saying Curtin was ''"unsuitable to exercise the office of a judge of the Circuit Court"''. This was only the second judicial "impeachment" motion under the 1937 Constitution — the first, in 1941, had been withdrawn. The Dáil suspended McDowell's motion and established a joint
Oireachtas
The Oireachtas ( ; ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of the president of Ireland and the two houses of the Oireachtas (): a house ...
select committee to examine the evidence. This inquiry was challenged by Judge Curtin in the courts. The challenges were unsuccessful and following a
Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
ruling in March 2006 upholding the process, the select committee took custody of the computer from the Gardaí and hired experts to examine it. Curtin suggested that
malware
Malware (a portmanteau of ''malicious software'')Tahir, R. (2018)A study on malware and malware detection techniques . ''International Journal of Education and Management Engineering'', ''8''(2), 20. is any software intentionally designed to caus ...
could have downloaded the pornographic images his computer without his knowledge. The process took longer than expected but they planned to issue a report to the Oireachtas in late 2006 to facilitate a debate and vote.
In November 2006, Judge Curtin resigned from the judiciary on health grounds, ending the investigation. This occurred days before he was to give evidence in private to the committee, and days after he had completed five years on the bench, the minimum sufficient to qualify for a pension.