Legal doubts threaten bid to impeach Judge Curtin

THE prospects of the Government successfully impeaching Judge Brian Curtin were shrouded in doubt last night.

The investigation by a special Oireachtas committee to pave the way for the judge's historic impeachment may not even have the power to force him to appear before it.

Legal experts also warned the unprecedented impeachment process, initiated by the Government yesterday, could be severely delayed if it is challenged by the Circuit Court judge's legal team.

Justice Minister Michael McDowell last night indicated the Government would be citing "stated misbehaviour" as the constitutional grounds for removing Judge Curtin from the bench.

Judge Curtin will also not be automatically entitled to have the legal costs, incurred in defending himself against impeachment, covered by the taxpayer.

Despite Government assurances that the legal grounds existed for Judge Curtin to be impeached, significant question marks still hang over the process to be employed in the first case of its kind in the history of the State.

Taoiseach Bertie Ahern told the Dáil yesterday a special committee of TDs and senators will be established to investigate the behaviour of Judge Curtin. It will then report to the Dáil and Seanad, which will vote on his impeachment. However, there is considerable confusion over the committee's powers to compel the judge to appear before it.

Mr Ahern's assertion that the judge could not be forced to appear before the committee was later corrected by a Government spokesperson, who said the judge could be compelled to attend as the hearings are not dealing with his judicial conduct, but rather his personal behaviour.

The Cabinet decided to go ahead with the impeachment after receiving legal advice from the Attorney General Rory Brady and having considered the response from Judge Curtin to its call for an explanation of how he came to be charged with possessing child pornography.

The Government wrote to Judge Curtin three weeks ago, following his acquittal in Tralee Circuit Court, after the trial collapsed on a technicality. The judge's solicitors replied he would not be willing to give an explanation to the Government, but would be prepared to deal with the Oireachtas as the appropriate body.

While welcoming the Government's decision, opposition parties raised concerns about the impending procedure and were sceptical about the motivations behind the move.

Labour Party leader Pat Rabbitte suggested the judge may yet be paid off by the Government when the local and European elections are over.

"The Taoiseach and his Minister for Justice are playing hardball until June 12. After June 12 they are very likely meet the judge halfway in Portlaoise and offer him a barrel of taxpayers' money," he said.

But a Government spokesperson dismissed the suggestion a compensation deal was still on offer and said impeachment was now the chosen route. "That is where our focus is now not on creating any sweetheart deals in the interim," the spokesperson said.