Ahern sets clock ticking on Curtin's future

EMBATTLED Judge Brian Curtin has a week to explain his alleged accessing and downloading of child pornography or else face impeachment.

The judge will not get any pay-off to resign, or receive any compensation if he is impeached, and will only get a fraction of his pension rights if he steps down from his €130,000-a-year job.

Taking swift action to allay public concerns over the collapse of his trial, the Government wrote to the judge yesterday seeking an urgent response to the matters raised against him by the prosecution.

Such an explanation will enable the Cabinet to decide on an appropriate course of action at next week's meeting and impeachment is not being ruled out.

The Circuit Court judge's prospects of remaining in his job rest upon him satisfying the Government of no wrongdoing on his behalf.

The Government is ruling out the prospect of the judge remaining in his job indefinitely but not being assigned any cases.

"I can't think of any circumstances in which that would be appropriate," a spokesperson said.

If Judge Curtin was to resign, his pension would only kick in when he turns 65, when he would be entitled to just under €8,700 per annum, based on his two years on the bench.

Taoiseach Bertie Ahern yesterday told the Dáil it was the Government's view that the issue of monetary compensation does not arise. Mr Ahern also vowed that files would be rechecked to see if anyone had raised concerns about Judge Curtin's behaviour at the time of his appointment, but he said he did not think any doubts about his suitability were raised.

Although it has never been done before, Mr Ahern said the process of impeachment did not necessarily require legislation and could possibly be done through changes to Oireachtas rules.

Ceann Comhairle Rory O'Hanlon also warned TDs not to make any prejudicial comment as they could be called upon to adjudicate on the issue if impeachment proceedings were initiated.

Justice Minister Michael McDowell said the impeachment of the judge was a live possibility.

He also said the Cabinet will await requested reports from the Garda Commissioner Noel Conroy and the Director of Public Prosecutions, as well as Judge Curtin's response, before deciding what to do next.

However, Mr McDowell said there was no question of deliberate misbehaviour on the part of the gardaí in using an out-of-date warrant to search the judge's house. Commissioner Conroy also said the gardaí involved believed they were using a legitimate warrant.

Mr Ahern committed to making the substance of the reports from the DPP and gardaí public in some form.