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Justice Brian Curtin Resigns!


kerrynorth

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Justice Brian Curtin has reportedly resigned as a Judge, citing ill health. His resignation was given to the President today, and is effective immediately.

Curtin has been the subject of an ongoing Oireachtas investigation into allegations that child pornography was found on a computer in his home. He denies having downloaded the images.

Source:
RTÉ News
 

rockofcashel

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kerrynorth said:
Justice Brian Curtin (I know him pretty well actually) has reported resigned as a Judge.
Sure you don't mean retired ? He had that option .. and take his pension .. which would also end the investigation against him
 

kerrynorth

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rockofcashel said:
kerrynorth said:
Justice Brian Curtin (I know him pretty well actually) has reported resigned as a Judge.
Sure you don't mean retired ? He had that option .. and take his pension .. which would also end the investigation against him
Same thing really. He was entitled to the pension with 5 years service (?) on November 1st. This brings the investigation and impeachment proceedings that were to commence taking evidence today to an end.
 

FutureTaoiseach

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Saves the govt the embarrassment of him continuing as a judge into the election campaign.
 

cyberianpan

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kerrynorth said:
rockofcashel said:
kerrynorth said:
Justice Brian Curtin (I know him pretty well actually) has reported resigned as a Judge.
Sure you don't mean retired ? He had that option .. and take his pension .. which would also end the investigation against him
Same thing really. He was entitled to the pension with 5 years service (?) on November 1st. This brings the investigation and impeachment proceedings that were to commence taking evidence today to an end.

So he gets a free state pension ? What might the PDs have to say on this one.... aaah wait a second - the PDs appointed him didn't they ?

cYp
 

kerrynorth

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kerrynorth said:
Justice Brian Curtin (I know him pretty well actually) has reportedly resigned as a Judge.
Bertie Ahern has confirmed Brian Curtin's resignation!
 

Maximus

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The Tánaiste said:
Statement regarding the resignation of Judge Brian Curtin

Judge Brian Curtin has today written to the President, via the Taoiseach, conveying his resignation, on the grounds of ill health, from the Circuit Court under section 6 of the Courts (Establishment and Constitution) Act, 1961. His resignation is effective from today’s date.

Under the Constitution, the pension entitlements of a judge are regulated by law. A judge who resigns owing to permanent infirmity may then apply for the payment of a reduced pension. This is a statutory entitlement to which he or she is objectively entitled and there is no provision for this pension to be refused once the infirmity is established. But the judge must establish that he resigned owing to permanent infirmity.

There is no question, however, of any payment over and above the statutory entitlement and this issue does not arise. No deal or arrangement has been made with Judge Curtin by the State.

The Tánaiste said: “As the Minister who moved the relevant resolution in the Dáil, I would like to thank Deputy Denis O’Donovan and his Committee, including their legal advisors, for all the work they have successfully done in what were largely uncharted waters. I now propose to finalise the Judicial Ethics legislation on which I have been in consultation with the judiciary.”
 

FutureTaoiseach

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cyberianpan said:
kerrynorth said:
rockofcashel said:
kerrynorth said:
Justice Brian Curtin (I know him pretty well actually) has reported resigned as a Judge.
Sure you don't mean retired ? He had that option .. and take his pension .. which would also end the investigation against him
Same thing really. He was entitled to the pension with 5 years service (?) on November 1st. This brings the investigation and impeachment proceedings that were to commence taking evidence today to an end.

So he gets a free state pension ? What might the PDs have to say on this one.... aaah wait a second - the PDs appointed him didn't they ?

cYp
The problem on that issue is that in the eyes of the law he is an innocent man - whatever the public might think. Hence attempting to deny him his statutory entitlement of his pension would likely be struck down in the courts.
 

cyberianpan

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FutureTaoiseach said:
cyberianpan said:
So he gets a free state pension ? What might the PDs have to say on this one.... aaah wait a second - the PDs appointed him didn't they ?

cYp
The problem on that issue is that in the eyes of the law he is an innocent man - whatever the public might think. Hence attempting to deny him his statutory entitlement of his pension would likely be struck down in the courts.
Yes he is now entitled to a pension, they moved slowly enough with impeachment & oooops the PD man gets the free state pension.

Harney & Mullah would be out on the streets promulgating revolution were the shoe on the other foot.

cYp
 

FakeViking

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In some ways you have to admire this b*stard. He got caught with his pants down in child porn (his credit card used to buy it, and the files on his PC). Yet he managed to string the affair on (on full pay) until he reached the very day he was entitled to a full pension for life, and never answered a single question.

PD insider knowledge???
 

FakeViking

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I see, it's black propaganda, so you can ignore the evidence. Nice defence. :roll:
 

FutureTaoiseach

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FakeViking said:
I see, it's black propaganda, so you can ignore the evidence. Nice defence. :roll:
I don't see any evidence of what you're hinting at. Just innuendo.

Wasn't the impeachment process frustrated in the courts? We have had plenty of experience in recent years of situations where the Dail tries to investigate wrongdoing and the courts impede such investigation. That is hardly the fault of ministers. The courts are independent - as shown also by their refusal for example to enforce mandatory sentences laid down in legislation.
 

jady88

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These allegations against the PD's are outrageous. When other parties are accused of lesser corupptions the members of this site often line up in collective disgust but now it is okay to accuse the PDs of protecting a peadophile? That is completely unacceptable.

The reason that the impeachment was so difficult was because it was never done before their is no legal precident. Those whoi have no legal knowledge should not make comment which ultimately leave them looking stupid.
 

cyberianpan

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jady88 said:
These allegations against the PD's are outrageous. When other parties are accused of lesser corupptions the members of this site often line up in collective disgust but now it is okay to accuse the PDs of protecting a peadophile? That is completely unacceptable.

The reason that the impeachment was so difficult was because it was never done before their is no legal precident. Those whoi have no legal knowledge should not make comment which ultimately leave them looking stupid.
Just like a corruption conviction : never done before... oh yes that is precisely the fig leaf for the PDs to hide behind: "not proven as never done before". Where is McDowell with his fine legal mind on this ? Why didn't they burn the midnight oil a little & expidite the process ? Where was the sense of urgency ? The whole impeachment commitee was a cynical kick to touch, it wasn't designed for a successful hearing in the appropriate timeframe.


cYp
 

KeithM

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cyberianpan said:
So he gets a free state pension ? What might the PDs have to say on this one.... aaah wait a second - the PDs appointed him didn't they ?

cYp
"An Irish solution to an Irish problem". The Banana Republic is alive and well.
 

rockofcashel

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Hmm.. keep mentioning the PD's in relation to this, and it won't be long before Michael makes a statement about SF having put the child porn onto the judges computer.

Still, he wouldn't be the first PD candidate who got himself into a mess over child porn now, would he ?
 

jady88

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cyberianpan said:
jady88 said:
These allegations against the PD's are outrageous. When other parties are accused of lesser corupptions the members of this site often line up in collective disgust but now it is okay to accuse the PDs of protecting a peadophile? That is completely unacceptable.

The reason that the impeachment was so difficult was because it was never done before their is no legal precident. Those whoi have no legal knowledge should not make comment which ultimately leave them looking stupid.
Just like a corruption conviction : never done before... oh yes that is precisely the fig leaf for the PDs to hide behind: "not proven as never done before". Where is McDowell with his fine legal mind on this ? Why didn't they burn the midnight oil a little & expidite the process ? Where was the sense of urgency ? The whole impeachment commitee was a cynical kick to touch, it wasn't designed for a successful hearing in the appropriate timeframe.


cYp
There are any number of legal issues surrounding the impeachment of judges. First of all the most obvious is that it has never in the history of the state been done before, not once.
Secondly the constitution states that for stated misbehavoiour a judge may be impeached. How is that defined? I know that we could all give brash and rushed definitions to suit but that will only backfire moreover they would be easily defeated in legal challanges.

Accusing the PD's of harbouring peadophiles just shows how pathetic and politically coulored you are.
 

cyberianpan

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jady88 said:
There are any number of legal issues surrounding the impeachment of judges. First of all the most obvious is that it has never in the history of the state been done before, not once.
.
That is not an argument.

jady88 said:
Secondly the constitution states that for stated misbehavoiour a judge may be impeached. How is that defined? I know that we could all give brash and rushed definitions to suit but that will only backfire moreover they would be easily defeated in legal challanges.
.
That was up to the Dail to figure out, those people draft legislation etc etc. They have substantial legal staff & resources.

jady88 said:
Accusing the PD's of harbouring peadophiles just shows how pathetic and politically coulored you are.
No one has accused PD's of harboring "peadophiles", also I've not called Curtin a "peadophile". Nor have you any idea which party or beliefs I support. Harboring a criminal implies aiding & abetting them. I am merely pointing out that they started off this big hoopla & Dail committee that never had reasonable chance of success given that they didn't imbue it with urgency. This was a cynical kick to touch, at the end of which a PD appointee gets a state pension after very little state service. This is sloppy & dubious.

cYp
 

jady88

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cyberianpan said:
jady88 said:
There are any number of legal issues surrounding the impeachment of judges. First of all the most obvious is that it has never in the history of the state been done before, not once.
.
That is not an argument.

jady88 said:
Secondly the constitution states that for stated misbehavoiour a judge may be impeached. How is that defined? I know that we could all give brash and rushed definitions to suit but that will only backfire moreover they would be easily defeated in legal challanges.
.
That was up to the Dail to figure out, those people draft legislation etc etc. They have substantial legal staff & resources.

jady88 said:
Accusing the PD's of harbouring peadophiles just shows how pathetic and politically coulored you are.
No one has accused PD's of harboring "peadophiles", also I've not called Curtin a "peadophile". Nor have you any idea which party or beliefs I support. Harboring a criminal implies aiding & abetting them. I am merely pointing out that they started off this big hoopla & Dail committee that never had reasonable chance of success given that they didn't imbue it with urgency. This was a cynical kick to touch, at the end of which a PD appointee gets a state pension after very little state service. This is sloppy & dubious.

cYp
I think that you should stop talking now. Of course the fact that it has never been done before creates problems that is obvious. How can they be expected to move with lightening speed if they have no precedent to go on.

Do you not understand constitutional law. They can't legislate against the constitution and if they had tried to it would have wasted time and money

You or others have accuses the party of deliberalty creating a situation where he was able to abuse the system. That is an outrageous accusation and it shows how much your dislike for the PD's allows you to twist everythiong beyond belief.
 
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