Walsh reveals details of Curtin’s legal challenge

Agriculture Minister Joe Walsh has revealed details of the legal challenge being taken against the State by Circuit Court Judge Brian Curtin.

Mr Walsh told the Dáil today that Judge Curtin was seeking a declaration that a computer and other material seized from his home in May 2002 was removed from the premises unlawfully and in breach of his constitutional rights.

He said the judge was also seeking a declaration that the items seized, having been declared inadmissible by the courts, may not be used in evidence in any other proceedings or inquiry.

Judge Curtin was acquitted of possessing child pornography earlier this year.

The Garda warrant used to search his house was out of date.

However, the Government is hoping to establish an Oireachtas committee to remove him from the bench on the grounds that he is unsuitable to be a judge of the Circuit Court.

The Fianna Fáil-Progressive Democrats coalition has insisted that its move to establish this committee is legally sound, but the process is unprecedented and it remains unclear whether the judge’s legal challenge will be successful.