Curtin will be forced to testify, vows Ahern

Fionnán Sheahan, Political Correspondent

After again ruling out any pay-off yesterday, the Government will table an Oireachtas motion next week, to remove the judge from office on grounds of 'stated misbehaviour', as well as establishing a committee to investigate the allegations against him.

Fianna Fáil TD Denis O'Donovan is set to chair the committee of seven TDs and senators which will receive all relevant evidence, hear testimony, record it and report to the Dáil and Seanad without issuing any recommendations for consideration in the impeachment proceedings.

The committee's hearings will take place behind closed doors unless Judge Curtin, who is denying any impropriety on his part, asks that it be held in public. Opposition parties are demanding the Government provides the committee with adequate resources to conduct its work properly.

Justice Minister Michael McDowell briefed opposition parties on the procedure to be employed last night and passed on correspondence between the Taoiseach's office and the judge's solicitors.

Yesterday, the Taoiseach again ruled out compensation for Judge Curtin and also denied any Government minister had been alerted to any doubt over the judge's suitability for office before his appointment in 2001.

The legislation change, confirmed by Mr Ahern yesterday, is to remove any doubt about the judge testifying at the committee, as it will stipulate that a judge must attend in the event of impeachment proceedings being brought forward.

Judge Curtin was acquitted last month of possession of child pornography after the trial judge ruled the garda search warrant used was out of date.

Next week's Oireachtas motion is being sent on to Judge Curtin's legal team, who have until next Monday afternoon to respond.

The motion was delayed upon receipt of a solicitors' letter stating the judge is suffering from a psychiatric condition, making it difficult to receive legal instruction.

Tánaiste Mary Harney also said there was no question of the Government entering into a financial arrangement with the judge.

Mr McDowell said the Judicial Appointments Board had no reason at all to doubt the suitability of Judge Curtin.

The investigation committee will comprise four TDs and three senators, the majority coming from the opposition parties.

Mr O'Donovan, a solicitor from Cork South-West is already chairman of the Oireachtas All-Party committee on the Constitution.

Fine Gael justice spokesman Jim O'Keeffe, also from Cork South-West, and Labour justice spokesman Joe Costello are also expected to sit, with another member coming from either the Green Party or Sinn Féin.

Senator John Dardis is expected to represent the PDs, with the FF and the opposition members from the Seanad not yet clarified, though either FG Senator Brian Hayes or FG Senator Sheila Terry, are rumoured to be prospective members.