Judge Carroll Moran, who today directed that Judge Brian Curtin be acquitted of possessing child pornography because the warrant under which Judge Curtin's computer was searched was out of date, has sharply criticised the prosecution in the case.
Judge Curtin had been charged with possession of child pornography at his home in Tralee on May 27th, 2002. But following two days of legal argument in the absence of the jury, Judge Carroll Moran said the law was unambiguous about search warrants being executed within seven days.
Judge Moran ruled that more than seven days had elapsed before the search warrant was exercised and therefore the evidence found on Judge Curtin's computer was not admissible.
Judge Moran said he therefore had no alternative but to direct the case be thrown out.
He criticised the prosecution in his written judgment for bringing the case to trial and making nonsensical arguments to support proceeding with the case when the warrant had plainly expired.
"The prosecution in bringing this case to trial must have known, or at least, ought to have known that on the facts herein, any reasonable interpretation of them by any judge would have resulted in the relevant evidence being excluded.
"This has to be so given the untenable and nonsensical submissions made on behalf of the prosecution.
"This being so, I think it unfair and unreasonable to impose on me the task of presiding at the trial of a colleague when the prosecution knew, or ought to have known, that I would have to arrive at this result", he said.
The Minister for Justice said he would consult with the Attorney General and his Government colleagues on the verdict and would not comment further until his had concluded that process.
And the Irish Society for the Prevention of Cruelty to Children called for an inquiry into the "serious errors" made in the investigation and prosecution. In a statement tonight, the ISPCC said it was "dismayed and appalled that such basic errors could be made".