Curtin asked to hand over evidence

JUDGE Brian Curtin will be asked today to hand over evidence to the Oireachtas committee investigating his impeachment.

The Circuit Court judge is taking a case in the High Court to prevent a computer, alleged to contain child pornography, from being used as evidence in the Oireachtas inquiry.

Yet Judge Curtin will be asked today to co-operate with the Oireachtas committee, which is also to seek assistance from police in the US involved in the child pornography investigation.

In its first official contact with Judge Curtin, the committee will send a letter to his legal representatives requesting he co-operate with its proceedings.

According to sources, the committee agreed at a private meeting last night to write to the judge and give him 14 days to respond.

That deadline coincides with the July 13 date of the hearing of his case against the Government, where the High Court is being asked to prevent the computer and other materials seized from his home being used as evidence in any proceedings, process or inquiry.

Last Friday in the High Court, Judge Curtin's legal counsel argued the case was independent of the Oireachtas inquiry and would not delay its proceedings. Adopting the same approach, the committee, chaired by Fianna Fáil TD Denis O'Donovan, is to proceed.

However, in light of the court action, the committee members know the chances of a positive response from Judge Curtin are slim. According to his legal team, he is in hospital.

Also last night, the Houses of the Oireachtas officially sanctioned the committee's powers to compel witnesses to appear before it. The Government changed the law last month.

The committee agreed to write to the gardaí and US police authorities with an appraisal of the situation.

Judge Curtin was acquitted on a charge of possessing child pornography in April, by direction of the trial judge, Judge Carroll Moran. The case collapsed as a warrant to search Judge Curtin's home in May 2002 was out of date.