Curtin set to challenge Oireachtas committee

JUDGE Brian Curtin’s legal team is considering a High Court challenge to an Oireachtas Committee’s demand that he hand over his computer and files.

It is expected that he will seek a judicial review in the High Court before December 23 when the deadline to respond to the demand for the computer and disks expires, legal sources say.

Judge Curtin was acquitted of possessing child pornography last May.

But the Oireachtas has ordered the committee to investigate the case and to report back before it makes a decision on whether or not to impeach him.

The case against Judge Curtin collapsed when it emerged that the warrant used in the search of his home was out of date.

The Oireachtas Committee’s order compelling Judge Curtin to hand over his computer and disks was served on his legal team on December 2 and they have 21 days to respond to it.

It is expected that Judge Curtin will challenge the order on the grounds that is unconstitutional, invalid and illegal. He is also expected to challenge the constitutionality of the committee and its powers to investigate his case, a legal source said.

Senior counsel John Rogers and Listowel solicitor Robert Pierse, who represent Judge Curtin, would not comment on the case yesterday.

But Mr Rogers was the senior counsel who successfully challenged the rights of another Oireachtas Committee to investigate the shooting of John Carthy in Abbeylara.

Judge Curtin was disqualified from driving for two years in Tralee District Court earlier this week after admitting to drink-driving.