Curtin legal team to launch court challenge

THE all-party committee investigating the behaviour of Judge Brian Curtin may face a new court challenge from the judge’s legal team.

The committee formally informed Judge Curtin’s lawyers yesterday it intends to begin hearing evidence next Monday in relation to claims that the judge had images of child pornography on his home computer.

In so doing, the committee rejected a request for an adjournment of six weeks to allow the judge’s legal team prepare its case. As reported in the Irish Examiner, the committee last week decided to grant an adjournment of one week but refused to allow the judge’s legal team additional time.

Arising from that, the hearings, which were due to start last Monday, were postponed until next Monday.

Committee chairman, Fianna Fáil TD Denis O’Donovan, said last night the committee had a clear obligation to commence with the hearings, which are expected to last a fortnight.

As many as 20 witnesses, including computer experts, are expected to appear. The proceedings will be held in private.

“The Supreme Court ruled in March that the committee could proceed with its work, subject to it following fair proceedings,” said Mr O’Donovan last night. “We feel that we have been fair in all our dealings and time is right for us to complete our part of the work. The committee has limited powers. It is gathering evidence which it will furnish to the Oireachtas to allow the impeachment motion to proceed.”

It is understood that the judge, through his legal team, may challenge the decision in the courts, by way of judicial review.

The committee of seven TDs and senators was set up two-and-a-half years ago, but its inquiry was adjourned pending the outcome of a lengthy legal challenge by Judge Curtin that culminated with the Supreme Court decision last March. There are concerns among committee members that, if the hearings are further delayed until after Christmas, it may prove difficult for the impeachment motion to proceed in the Dáil, given the proximity of the general election.

Judge Curtin was acquitted in April 2004 of knowingly possessing child porn when the trial judge determined the garda warrant to search his home was spent at the time of its execution.