Curtin given two weeks to put case

Circuit Court judge Brian Curtin, who was controversially acquitted on child pornography charges, has been given two extra weeks to put his case to the Government, it was confirmed today.

Taoiseach Bertie Ahern told the Dáil that Judge Curtin has two weeks from today to put his case to the cabinet following the collapse of the case against him last month.

Mr Ahern said: “The judge will get that additional time.

“We have received the reports from the DPP and the Garda.”

He told the Dáil afternoon sitting that he was still waiting for a reply from the judge before the cabinet made any decision.

Judge Curtin had been given until 9.30am today to make contact with the Government.

The cabinet received a communication from him last night requesting additional time before he had to put his case to the cabinet.

The facts of the case were outlined to the Circuit Criminal Court in Tralee, Co Kerry, before the case collapsed. Judge Carroll Moran ruled that the search warrant to raid Judge Curtin’s house was out of date.

The trial was only moving into its third day when the jury was directed to find him not guilty.

The court had been told that when gardaí raided the 52-year-old’s home in May 2002, as part of Operation Amethyst into child pornography, their search warrant had already expired.

The Tralee-based judge, who was appointed to the Circuit Court in Cork in late 2001, had pleaded not guilty to the possession of pornography at his home on May 27, 2002.

Justice minister Michael McDowell has already warned that Judge Curtin may be impeached through a motion to the Oireachtas.

Politicians were told they may have to decide on his future and were warned against commenting on the case for fear of prejudicing any possible future moves.

Under Article 35.4.1 of the constitution, both High Court and Supreme Court judges can be removed only through a majority vote of both Houses of the Oireachtas.

Though the position of Circuit Court judges is not outlined in the constitution, they may be impeached under statute law. However, the standard of proof required is not clear.

The cabinet has received a report from the Gardaí and the Director of Public Prosecutions about why the trial collapsed.

The Government had given Judge Curtin one week to lodge a statement outlining his position on the facts which emerged during the prosecution’s case against him on child porn charges.

The judge took extensive legal advice before deciding to make contact with the Government.

It has emerged that if the judge resigns now, with just two years on the bench, he would only qualify for a €10,000-a-year pension.

The judge could still theoretically serve for another 18 years on the bench and qualify for the substantial full pension from his €130,000-a-year post.

Removing the judge from office could mean paying out €4m in compensation for his loss of earnings and pension entitlements.

Mr Ahern has already said the issue of a financial pay-off for the judge would not arise if he was removed for “stated misbehaviour” through the impeachment process.