Judge porn probe 'will only gather evidence'

An Oireachtas inquiry into how Circuit Court Judge Brian Curtin came to be charged with possession of child pornography will make no judgments, the Supreme Court heard today.

In a last-ditch effort to stop the investigation, lawyers for the Tralee judge told the court that the committee would not be able to issue any recommendations on his future.

John Rogers SC told the seven-judge court that the investigation headed by politicians would simply be a gathering of evidence.

Judge Curtin was acquitted of possessing child pornography in April last year, on direction of the trial judge.

He ruled that evidence found on the judge’s computer could not be admitted as it had been seized on an out of date warrant and was therefore in breach of his constitutional rights.

Mr Rogers told the court a major plank of the case was that the committee had no fact-finding power. He said in essence it would be a commission with no right to adjudicate.

“What we say in respect of this instance is that they constituted the appointment of a joint select committee which is in essence a commission to gather material and testimony relevant to the matters,” Mr Rogers said.

“It’s plain that the committee cannot make any finding of fact or recommendation.”