Curtin’s resignation - Curtin’s decision was judicious

The decision by Circuit Court Judge Brian Curtin to resign was a judicious one, coming as it did on the day an Oireachtas Committee began an investigation of allegations of stated misbehaviour on his part.

That process has now been stopped. It could have led to his eventual impeachment had the investigation proved to be successful.

It would have been an extraordinarily historic occurrence had it been allowed to run its course, because for the first time in its history, the State was seeking the removal of a sitting judge.

Ever since he was acquitted by a court in 2004 of possessing child pornography, the Government was determined he would not continue to sit on the bench. This position reflected public unease and concern expressed at his arraignment on such a charge.

He was acquitted of the charge by the direction of the presiding judge when it transpired the gardaí used an out-of-date search warrant.

His acquittal under such circumstances brought about further public outrage and could have led to an undermining of public confidence in our justice system.

Mr Curtin admitted accessing adult pornography in 1999, but denied “knowingly” accessing child pornography. However, this did nothing to assuage public concern.

The Government was adamant that the judge should not profit from the controversy that engulfed him, by paying him off, and instead set in motion the impeachment proceedings.

These were virulently opposed by Mr Curtin, who unsuccessfully sought the influence of High Court and Supreme Court to stop them.

The Oireachtas committee investigation would have happened but for it being brought to an abrupt halt by his own decision to resign from the Circuit Court on the grounds of ill-health.

Tánaiste and Justice Minister Michael McDowell has insisted there was no question of his receiving anything but a pension provision, which he was statutorily entitled to.

No deal has been done, nor arrangement made, with Mr Curtin in this sordid affair, which has been unilaterally closed by him.

It is a measure of the privileged position Mr Curtin held that even though acquitted by a court, the Government still sought to impeach him.

Ultimately, the country was entering uncharted waters by seeking the impeachment of a judge but it had to resort to such a measure by circumstances totally outside its control.

The manner in which it was stopped means the outcome was inconclusive, but the matter is now at an end.