Committee to seek access to Curtin’s computer

THE Joint Oireachtas Committee investigating the possible impeachment of Circuit Court Judge Brian Curtin is expected to demand access to his computer and files tomorrow.

The committee may also decide to serve a notice on Judge Curtin compelling him to appear before them after they ruled last month that he was well enough to co-operate with the inquiry.

Judge Curtin was acquitted of possessing child pornography last May, but the Oireachtas has ordered the committee to investigate the matter and to report back to it before it makes a decision on impeachment.

The judge’s legal team had sought a three-month adjournment of the committee’s hearings on the grounds that he was not well enough to appear before them.

But after hearing evidence from several medical experts, the committee ruled last month that he was well enough to co-operate with its inquiry.

Legal experts believe it is “highly unlikely’’ that Judge Curtin’s lawyers will challenge the Committee’s decision on his medical capacity to attend.

Judge Curtin’s solicitor, Robert Pierse, could not be reached for comment yesterday on what course they intended to take with the Oireachtas Committee.

The judge’s legal team are aware that the Oireachtas committee will be holding a scheduled meeting tomorrow and are free to come in and make a statement.

The committee has powers to force Judge Curtin to hand over his computer and files and also to appear before them.

They can serve a notice asking the judge to hand over the computer and files. These are now in the hands of the gardaí.

Committee chairman Deputy Denis O’Donovan said they will be looking at ways to move their investigation forward.

But Judge Curtin’s lawyers can challenge this notice in the courts and any bid by the Committee to compel him to appear before them.

Justice Minister Michael McDowell said the proposal to remove Judge Curtin from the bench is for “stated misbehaviour”.

But constitutional lawyer Donncha O’Connell said yesterday that the Government could widen the scope of the grounds for impeachment to “incapacity’’ as well.

“If the judge is not fit to take part in this process, is he fit to instruct the judicial review of any decision taken by the Committee?” Mr O’Connell asked.