Government response on hold as Curtin gets more time

THE Government had given Judge Brian Curtin a week — which many considered a throwing down of the gauntlet to the beleaguered Tralee judge — but in the event, he had responded within three days.

Solicitors representing the judge acquitted last month on charges of knowingly possessing child pornography made contact with the Government last Friday asking for further time to respond to the issues raised by the Government primarily how the judge's credit card had been used to purchase images from a US pornography website.

The two-week extension means no decision will be taken on the publication of the reports from the DPP and the Garda Commissioner, both of whom were asked to outline their roles in the case, and to respond to the harsh criticisms made of them by trial judge, Carroll Moran.

Both reports have been received by the Government but the reports will not be fully discussed by Cabinet until after May 18, the deadline for Judge Curtin's full response.

As of now, the possibility remains that the Government may move to impeach Judge Curtin. Attorney General Rory Brady and Minister for Justice Michael McDowell have continued to examine the legal situation in the past week, including the question over how it will proceed in the event of an impeachment motion.

Article 35 of the Irish Constitution gives the Dáil and Seanad the powers to remove a member of the judiciary by impeachment. However, it is generally acknowledged within political and legal circles that such a move would bring the Oireachtas into uncharted waters.

No motion of an impeachment has ever been brought since the constitution came into being. The fundamental problem is a procedural one, in that there are no rules under the standing orders of the Oireachtas to guide such a course of action.

The last time the question of impeachment came up was during the Philip Sheedy controversy. Two senior members of the judiciary, Supreme Court judge Hugh O'Flaherty and High Court judge Cyril Kelly, resigned amid allegations of inappropriate judicial involvement in Mr Sheedy's case.

Some time later, then Justice Minister John O'Donoghue introduced a proposal to amend the constitution to allow the Oireachtas to lay down procedures for impeachment. But the proposal was withdrawn when it failed to reach cross-party agreement.

Yesterday, the Taoiseach disclosed he had received advice that a constitutional amendment would not be necessary as the procedures could be achieved by changes in legislation or in standing orders of the Oireachtas.