Government still awaiting response from judge

THE Government is still awaiting a response from Circuit Court judge Brian Curtin over his future as a member of the judiciary.

Cabinet sources confirmed last night that Judge Curtin had not yet formally issued a reply to the Government’s demand for a statement about his future plans.

The Tralee-based judge, who was cleared of a charge of possession of child pornography last month, was given a deadline to notify the Government of his intentions by tomorrow. He was also requested to provide an explanation of the circumstances on which the criminal proceedings were based.

There are growing fears within political circles that Judge Curtin (52), who travelled to Dublin last week to consult with his legal team, will challenge any attempts by the Oireachtas to impeach him.

Judge Curtin, who is under no legal obligation to respond to the Government, could create a constitutional crisis as the controversy does not relate to any misconduct carried out in his judicial capacity.

Meanwhile, the office of the DPP has declined to comment on reports that gardaí received legal advice to go ahead with a search of the judge’s home for images of child pornography, despite concerns about the validity of a search warrant.

The trial of Judge Curtin collapsed at Tralee Circuit Court after the judge ruled that the warrant was defective because it had expired.

Legal commentators have suggested that the DPP proceeded with the trial against the judge on the basis that a decision not to prosecute him would have caused public outrage.

Gardaí are believed to have recovered evidence during the search which showed the judge’s credit card was used to pay a US-pornography site to download illegal images.