Court asked to rule on Curtin case evidence

THE High Court was yesterday asked to decide whether it has the power to prevent a computer alleged to contain child pornography to be used in an Oireachtas inquiry into Judge Brian Curtin.

Judge Curtin has asked the court to prevent the computer and other materials seized by gardaí from his home from being used as evidence in any other “proceedings, process or inquiry” after the Minister for Justice proposed a motion in the Dáil for the removal of the judge from office.

The Government believes that the Oireachtas has full jurisdiction to deal with issues regarding admissibility of evidence.

Yesterday, Donal O’Donnell SC, for the Government, said the case raised significant constitutional issues relating to the separation of powers.

He argued that the judge was asking the court to rule on the admissibility of evidence for an Oireachtas committee inquiring into the Judge’s conduct.

There was an “absolute urgency” in having the issues determined, counsel said. The Government would argue the court could not and should not grant the declarations sought by Judge Curtin because the matter was before the Oireachtas, which has full jurisdiction to deal with the matter.

Mr John Rogers SC, for Judge Curtin, said the judge was in hospital and receiving treatment. Counsel said he did not see that the government motion was urgent and he would like time to take instructions.

He stressed that in seeking time, he was not seeking to impede the Oireachtas committee in any way. He argued that this case was independent of the inquiry and would not delay its proceedings in any way.

The President of the High Court, Mr Justice Finnegan, said he regarded the motion as urgent and it was his view it raised discrete legal issues.

He said he would fix the hearing for July 13 and the parties could mention the case on July 2.

On April 23 this year, Judge Curtin was acquitted on a charge of possessing child pornography by direction of the trial judge, Judge Carroll Moran. The case collapsed after it was learned that a warrant used to search Judge Curtin’s home in May 2002 was out of date.

During that search, a computer, said to contain images of child pornography, and other materials were seized.

On June 2, Judge Curtin brought proceedings against the Garda Commissioner, the Attorney General, the Government and the Director of Public Prosecutions. On the same day, the Minister for Justice proposed a motion in the Dáil calling for the removal of Judge Curtin from office “for stated misbehaviour”.

The motion has been adjourned in both the Dáil and Seanad pending receipt of a report from an Oireachtas Committee to inquire into the conduct of Judge Curtin.

On June 4, the Oireachtas passed a motion establishing the committee which consisted of four TDs and three Senators. Yesterday’s Government motion was a request for a High Court trial of issues arising from the judge’s proceedings.

At issue is the question of whether the judge is entitled to declarations that the computer and other materials removed from his home on May 27 2002 were removed unlawfully and in breach of his constitutional rights. He is also seeking a ruling that this evidence could not, therefore, be used in any other inquiry.

The Government also wants the court to rule on whether it is entitled to make an order restraining the defendants from making any use of the computer and materials.

Peter Ryan, of the Department of the Taoiseach, said in an affidavit that the judge appeared to be seeking to prevent the Oireachtas from having access to information it needs to discharge its functions.