Curtin child porn probe bids to get computer examined

An Oireachtas Committee investigating allegations that Circuit Court Judge Brian Curtin accessed child pornography on the internet tonight began the final move to have experts examine his computer.

In its first meeting since December 2004, the cross-party committee of TDs and Senators will examine the Supreme Court ruling which paved the way for them to decide on his fitness to administer justice.

But sources close to the committee suggested that without access to internet files and hard drives on the computer the investigation, and ultimately efforts to have Judge Curtin removed from the bench, will fall apart.

“The bottom line is if we can get hold of the computer that would get us to the bottom of the whole thing,” one source said. “That is our Mount Everest.”

Judge Curtin’s home was raided by gardai in May 2002 six months after he was appointed to the Circuit Court. His computer and various documents were seized.

In April 2004 he was acquitted of having child pornography by direction of the trial judge because the warrant under which his computer was seized was out of date.

But at the beginning of the month and for the first time in the history of the state, the Supreme Court ruled a judge could be removed from office. It found the all-party Oireachtas Committee set up to inquire into the behaviour of Judge Brian Curtin is constitutional.

The seven-strong panel now hope to decide if Judge Curtin is unfit to administer justice.

The committee has been given the power to ask Judge Curtin to hand over his computer, but it is unclear if he will do so.

And it is understood the judge has written to the committee in relation to the hand-over, seeking guarantees about the security of the computer, along with continued respect for Judge Curtin’s constitutional rights.

An order had been made over a year ago for the production of the computer, before the judge started his High and Supreme Court challenges to the committee’s work.

That order gave Judge Curtin 21 days to comply, and 19 of them had expired before he took his legal challenge.

The order is now reactivated, following the rejection by the Supreme Court of the judge’s challenge. The initial examination of the computer could take six weeks.

No indication has been given as to how long the investigation will last but it is hoped it will be finished well in advance of the next general election.

The four TDs and three Senators on the committee will discuss the plans for experts to analyse the computer, the letter sent by the judge and the 80-page Supreme Court ruling.

A range of documentation seized by gardaí during their investigations will also be handed over to the committee.

Members will also decide who will replace one of the legal advisers, senior counsel Kevin Feeney, who has been made a judge of the High Court.

When the facts of the case have been established, they will be presented to the Houses of the Oireachtas which will have to make the final decision on impeachment.