Committee halts work before evidence heard

THE Oireachtas committee probing the conduct of Brian Curtin came to a halt before it considered any of the evidence in the case.

The seven-member committee was established shortly after Mr Curtin was acquitted in April 2004 of possessing child pornography because the warrant used by gardaí to seize his computer was found to be out of date.

Chaired by Fianna Fáil TD Denis O’Donovan, himself a solicitor, the committee met for the first time on June 15, 2004.

In January 2005, Mr Curtin launched a legal challenge in the High Court, questioning the constitutionality of the inquiry.

When that challenge failed, he appealed to the Supreme Court. On March 9 this year, the court found in favour of the committee, which had been suspended pending the outcome of the legal challenges.

It reconvened later that month, and in May obtained Mr Curtin’s computer from gardaí. The committee commissioned a computer expert to examine the contents of the computer. The committee’s legal team had the expert’s report by September, by which time it had also obtained financial records of Mr Curtin which were relevant to the case, and additional evidence in the garda’s possession. None of this was seen by the committee members, however.

The next step was to begin formal hearings and for the committee members to actually to consider the various evidence.

The hearings were scheduled to begin on November 6, but at the request of Mr Curtin’s legal team, were adjourned for a week so that they could fully prepare their case.

By this time, Mr Curtin had become eligible for retirement on part-pension, and the committee was aware he could resign at any time, although there were no immediate indications he would do so.

Towards the end of last week, Mr Curtin’s team sought another adjournment, but this time the committee refused, saying hearings would begin yesterday.

Two witnesses from the US involved in the case were flown in. One of those was Michael Mead of the US Postal Inspection Service, which had investigated the Texas-based internet firm selling the child pornography which Mr Curtin was alleged to have accessed.

Mr Mead was about to be sworn in yesterday as the first witness when Mr Curtin’s legal team requested permission to make a statement.

They subsequently informed the committee that Mr Curtin had organic brain damage, a diagnosis which had been confirmed by an MRI scan last week.

The committee discussed this new situation until shortly before 1pm, when it decided that the hearings should proceed, regardless of Mr Curtin’s ill health.

After lunch, a little after 2pm, Mr Curtin’s legal team informed the committee that he intended to tender his resignation. The committee briefly adjourned to allow this to take place.

At 3.30pm, the resignation was submitted to the Government. The committee was advised at 4pm that it had been received.

Having taken advice from its legal adviser, the committee decided it no longer had any function. It will this morning submit a brief report to the Oireachtas, thus bringing an end to its work.