Curtin case – Judge can decide his own fate

The Government has, for the moment, taken a pragmatic approach to dealing with the vexed question of what to do about Judge Brian Curtin.

The decision by the Cabinet to afford him another fortnight to respond to its inquiries about his recent court case, which collapsed, was the only option available to it at this stage.

Taoiseach Bertie Ahern is only too well aware that in endeavouring to make the problem disappear, he could face a double dilemma springing from legal and constitutional grounds.

The judge was acquitted on charges of possessing child pornography when it transpired the warrant to search his house had elapsed. There are no allegations against him relating to his capacity as a judge.

Because of the extraordinary circumstances surrounding the Judge Curtin case, and the understandable public outrage, the Government is adamant that he must resign or be sacked without a golden handshake.

It has now acceded to his plea for more time to respond to the Government request that he comment on the facts of the case, including his alleged accessing and down loading of child pornography.

There was nothing else it could do at this stage and it would be to everyone's satisfaction if the judge were to use the time out to consider his own position, which is invidious, to say the least.

Because of the intense public concern over the Curtin case, the Government cannot lessen its determination that he never again preside on the bench.

It is perceived that the greater burden for a resolution to this dilemma lies with the Government, but the fact is that Judge Curtin can facilitate closure without it descending into a public spectacle more than it already has.

Apart from the question of Judge Curtin's position, it remains to be discovered how the whole debacle happened in the first place.

The Government is still awaiting a report from the Director of Public Prosecutions and more than enough time has elapsed to allow it be produced.

Mr Ahern faced no such quandary last evening when, in his role as president of the Fianna Fáil party, he effected the withdrawal of the whip from Mayo TD Beverly Flynn at a parliamentary party meeting.

Her expulsion from the parliamentary party was imperative after the Supreme Court last week rejected her appeal against the High Court determination that she had encouraged customers of National Irish Bank to evade tax.

After such a damning verdict, it was inconceivable that she be allowed retain the affiliation of her parliamentary colleagues and Mr Ahern had no other alternative but to act as he did.

He had the overwhelming support of his party colleagues in doing so and led the offensive after the proposal was tabled by the Government Chief Whip Mary Hanafin.

This was the third time Ms Flynn lost the party whip and, presumably, the occasion can never again arise after last night.

Ms Flynn's next struggle will be to try to evade complete disavowal by the Fianna Fáil party on Friday next when the national executive meets to decide on her expulsion from the party. The motion will need a two-thirds majority, and despite the intense lobbying from for her supporters and she has the support of the party organisation in Mayo sources believe her endeavours will be futile.

In the wake of last night's defeat, there remains a few short days to see whether Ms Flynn's dismissal from Fianna Fáil will be accomplished.