Judge Brian Curtin was yesterday charged with a number of offences relating to an alleged drink-driving incident but he had the case adjourned after his solicitor provided a medical report saying he was unfit to attend court.
The 51-year-old Circuit Court judge was summonsed to appear at Tralee District Court yesterday to answer charges of drink-driving and of refusing to give a breath sample to a garda at Cloonalour, Tralee, on May 8th last.
Judge Curtin's solicitor, Mr Robert Pierse, told Judge Humphrey Kelleher that he was seeking an adjournment. He said he had some correspondence and two medical reports to support his application.
Barrister for the state Mr Remy Farrell told Judge Kelleher he was opposing the application to adjourn. Mr Pierse handed in the correspondence and reports, including one from consultant physician Dr James D. O'Regan.
Judge Kelleher quickly read through the report by Dr O'Regan and agreed to grant the application for an adjournment until December 8th for mention.
Judge Curtin, of Árd Na Lí, Tralee, is charged with drink-driving and with refusing to do a breath test when requested to do so by Garda Jacqueline Treacy.
Earlier this year he was acquitted of possessing child pornography at his home in Tralee on May 27th, 2002, when Judge Carroll Moran ruled that warrants used by gardaí to search his house and seize a computer containing child pornography were invalid.
An Oireachtas committee has issued orders to his doctors to appear before it with his medical records on September 14th to see whether the judge is fit to instruct his lawyers.
