Judge Curtin is arrested on suspicion of drink driving
The Circuit Court judge has eight more days to reply to the Government after he was last week given more time to respond.
Late on Saturday night, the 52-year-old from Tralee, Co Kerry, was arrested in his home town on suspicion of drink driving.
The issues raised by the Government in a letter to the judge were "far more grave" than any issue arising out of what happened on Saturday night, Mr McDowell said yesterday.
Up to six gardaí, including two plainclothes officers, were involved in the operation that led to Judge Curtin's arrest.
He was followed by a patrol car which stopped him close to the Stoker's Lodge pub, on the Oakpark Road, less than half a mile from the town centre and near his home, just after 11pm. He was arrested by a female garda, whose attention was drawn to his driving, at 11.28pm.
Speaking yesterday ahead of the launch of the Progressive Democrats local election campaign, Mr McDowell said the arrest would have no bearing on the expected letter of explanation. "As far as I am concerned it will have no impact on the issue."
There was no accident, but several onlookers, including people who were smoking outside the pub, witnessed the arrest.
Judge Curtin, whose trial on a charge of possessing child pornography on his computer recently collapsed at Tralee Circuit Court, was taken to Tralee Garda Station. A doctor was called and he gave a urine sample.
The judge was released, after about an hour, without being charged and a file is being sent to the Director of Public Prosecutions (DPP). The sample is being sent to the Medical Bureau of Road Safety, Earlsfort Terrace, Dublin, for analysis. If a decision is taken to prosecute, it could be some months before the case comes to court.
A garda spokesman said yesterday they did not comment on individual cases. Sources close to the judge also indicated he would not be making any comment.
Judge Curtin was acquitted on April 23 by direction of Judge Carroll Moran, who ruled that a garda search warrant used to search his home at Árd na Lí, Tralee, was out of date. Since then he has been seen socialising regularly around Tralee.
His position as a judge is already in question, with the Government considering his impeachment. Last week the Government gave him an additional two weeks to reply to queries about the case.
A report on events leading up to Judge Curtin's acquittal has already been given to the Government by the DPP, but a decision has not been made regarding its publication.
Though he has not been assigned any cases for almost two years, Judge Curtin is still on full pay of €130,000 per year and his prospects of remaining in the job depend upon his satisfying the Government there was no wrongdoing on his behalf.
The Government has indicated that he will not get any pay-off to resign, or receive any compensation if he is impeached.
His arrest on Saturday night is the latest in a series of incidents involving Judge Curtin since he was first charged with possessing child pornography at his Tralee home, on May 27, 2002.
Complaints that he has been harassed by the media, who have been calling to his home since the acquittal, have been lodged with local gardaí.
Since last December, Judge Curtin has claimed to have been either assaulted, or verbally abused, in pubs, or on the street, on at least four occasions, in Tralee.
At the Greyhound Bar, Tralee, on the night of December 28, he was struck on the face by a man, knocked over and apparently fell on a lady in the premises damaging her leg.
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