A Munster Circuit Court judge who is facing a charge of possessing child pornography had his case adjourned for three months at Tralee District Court yesterday on the grounds that he was unfit to attend.
Judge Brian Curtin, ofTralee, Co Kerry, was summonsed to appear before the court on a charge of possession of child pornography on May 27th last at the same address, contrary to Section 6 of the Child Trafficking and Pornography Act, 1998.
However, his solicitor, Mr Robert Pierse, told the court that his client, who was not in court, was not fit to attend. Mr Pierse submitted a medical certificate in support of an application for adjournment to the end of April.
After reading the certificate, Judge Humphrey Kelleher asked whether the Director of Public Prosecutions consented to the proposed adjournment.
Replying, Insp Barry O'Rourke, of Tralee, said he had no objection to an adjournment to whatever date that was deemed suitable. Judge Kelleher adjourned the case to April 30th.
Det Supt Noel White of the National Bureau of Crime Investigation (NBCI), who applied for yesterday's hearing, was in court to hear the adjournment.
Judge Curtin, a former barrister who practised in Munster, was appointed a Circuit Court judge in autumn 2001 but has not heard any cases since last May.
In a statement then, the Courts Service confirmed that the judge would not hear any cases until the investigation had ended.
Section 6 of the Act carries a penalty on summary conviction of a fine of up to €1,905 or imprisonment of up to 12 months, or both; and on conviction on indictment of a fine of up to €6,349 or imprisonment of up to five years, or both.
A separate case relating to Operation Amethyst is due to be heard in Midleton District Court in Co Cork today.
