Gardaí ask DPP to explain Curtin decision

GARDA representatives yesterday called on the Director of Public Prosecutions to explain why he gave the go-ahead for the collapsed Judge Brian Curtin prosecution.

The dramatic collapse of the case and the acquittal of Judge Curtin on child porn charges in Tralee Circuit Court on Friday will loom large over the annual conference of the Garda Representative Association, which begins tomorrow. The issue is expected to be the subject of emergency motions from a number of branches. Garda Commissioner Noel Conroy and Justice Minister Michael McDowell, who will both address the conference, are sure to come under the media spotlight.

While Mr Conroy has so far shied away from media questions, the minister will be quizzed on the Government's position. Early tomorrow, Mr McDowell will brief the Cabinet of his discussions with the Attorney General and outline the options including possible impeachment open to the Government.

GRA president Michael Kirby yesterday said Judge Carroll Moran's ruling last Friday left the DPP with questions to answer.

"The DPP will have to answer why he left the prosecution go. The judge said the law was crystal-clear, but obviously the DPP thought it was fine. He let the prosecution go."

He added: "I'm sure he's going to have to give some explanation to the Department of Justice, but that's a matter for the minister."

Gardaí are understood to be upset not only by the verdict, but by the fact they will be deemed partly responsible for the foul-up.

"It doesn't paint us in a good light and, as always, we come out the worst in these things," said one garda. Mr Kirby confirmed that rank-and-file gardaí felt let down by the decision.

"It's annoying for the lads who put so much effort and work into it and then it being thrown out."

Judge Moran ruled that a search warrant was valid for seven days from the date a search warrant was signed, not from the time of day the warrant was signed.

Judge Moran said the prosecution should have known the search warrant had expired when gardaí entered Judge Curtin's home and seized evidence.

A spokesman for the Minister for Justice yesterday confirmed that discussions were being held with the Attorney General.

But he stressed there would be no contact between the Department of Justice and the DPP.

AG Rory Brady is thought to have contacted DPP James Hamilton over the weekend. He is thought to have sought details as to the reasons behind the decision to prosecute.

lAn editing change to an analysis piece by columnist Noel Whelan in Saturday's Irish Examiner may have left the impression that Department of Justice sources speculated to him that impeachment options might be explored in relation to Judge Brian Curtin. We wish to make it clear that Mr Whelan made no inquiries to the department and neither sought nor received any such indications. We are happy to clarify this matter.