Curtin wants taxpayer to pay legal bill
Last week, the Supreme Court ruled unanimously that the committee was entitled to investigate the allegations against the judge who remains on full salary since he was suspended in 2002.
Since his arrest and suspension in 2002, Judge Curtin has earned almost €500,000 and will remain on full pay pending the outcome of the Oireachtas Committee. This year alone, he stands to earn €149,461.
The seven-judge court also ruled that the committee, headed by Fianna Fáil's Denis O'Donovan, has the power to direct Judge Curtin to hand over a computer which allegedly contains images of child pornography.
The computer in question was seized from Judge Curtin's Kerry home by gardaí in May 2002. However, he was acquitted on a charge of possessing child pornography two years ago after it emerged that the warrant used to seize the computer was out of date.
In a letter sent to the committee, Judge Curtin has consented to handing over the computer in question something he is now legally obliged to do in any case.
But the Irish Examiner has learned that the letter from Judge Curtin's legal team also addresses the issue of legal costs, believed at this stage to amount to €500,000 for both sides.
In the final two paragraphs of the letter, the legal team suggest that the committee should pay all of Judge Curtin's costs, despite the fact that he was attempting to prevent the Oireachtas Committee from proceeding with its investigation.
Judge Curtin is also asking that any further costs incurred as the committee continues should also be paid by the taxpayer.
Senior sources said the judge's case for costs is made on the basis that there "should be equity of arms" between the Government and the judiciary.
In other words, Judge Curtin is claiming that it is unfair for the committee to have the full resources of the State available to it if he, as a member of the judiciary, does not receive the same benefit. "Our client is entitled to have his costs discharged on a similar basis," the letter reads.
The Supreme Court is expected to rule on costs around Easter this year. But it is likely that any attempt by Judge Curtin to recoup legal costs will be resisted by the committee.
In addition to the costs issue, Judge Curtin's letter is also seeking assurances that his computer has been stored securely by gardaí since it was seized.
Committee chairman Denis O'Donovan welcomed the contact from Judge Curtin saying the contents of this week's letter will be considered by the committee when it next convenes on Tuesday evening.
