Government set for Curtin impeachment
On the eve of tomorrow's Cabinet meeting to consider Judge Brian Curtin's explanation as to how child pornographic images were downloaded onto his computer, a senior Minister has given the strongest possible indication that the Government will immediately begin impeachment moves against the judge.
Arts Minister John O'Donoghue said last night that the Government would reach a clear decision tomorrow and that it may well be that its decision would be "put before the Dáil by means of resolution". That was taken to be a clear reference to an impeachment motion.
And in a clear signal of the uncompromising line and hardening of the Government's attitude, Mr O'Donoghue made the first explicit public utterance by a Cabinet Minister directly linking Judge Curtin to the child pornography allegations, despite his acquittal by the Courts last month.
He told RTE's The Week in Politics: "It was incumbent upon the Government to write to Mr Curtin to ascertain why it was that it would appear that his credit card was used in order to pay for access to a child pornographic site."
He went on to say that Judge Curtin was also asked to explain why the President of the District Court had agreed that a warrant be issued to search his home.
Senior ministers became resigned to the fact that Judge Curtin was not prepared to step down voluntarily since receiving his first response a fortnight ago.
Judge Curtin's final response was received by the cabinet secretary, Dermot McCarthy, last Thursday and is understood to give no indication whatsoever that the judge is prepared to step down voluntarily.
Justice minister Michael McDowell and Attorney General Rory Brady continued analysing the judge's response over the weekend. They will today finalise the proposals that will be brought to the Cabinet meeting tomorrow setting out the legal options available to the Government.
Under Article 35 of the Constitution, the Dáil and Seanad have the power the remove a judge from office for stated misbehaviour or incapacity. However, the power has never been exercised and there are legal uncertainties surrounding the procedures that need to be applied. If an impeachment resolution is tabled, Judge Curtin will have the Constitutional right to appear in the Oireachtas to put his case. Several legal authorities on the Constitution have expressed doubt that there is sufficient evidence for a successful impeachment on either the 'stated misbehaviour' or 'incapacity' grounds.
Yesterday, Labour leader Pat Rabbitte suggested that there could be grounds to remove Judge Curtin on the basis of incapacity.
"The judge has not sat in court for the last two years. And, no matter what the outcome of the present deliberations, there is no possibility at all that he will ever sit in court to preside over a trial again," he said.
