Curtin case – Judge cannot remain on the bench

AS a staunch critic of this Government when criticism was warranted, this newspaper wholeheartedly welcomes the no-nonsense Dáil statement of Taoiseach Bertie Ahern spelling out the stark options facing Judge Brian Curtin.

Despite his acquittal on a charge of possessing child pornography on his computer, the Government's blunt message to the Circuit Court judge is either to prove his innocence, resign without financial compensation or be impeached.

This decisive action is clearly in response to growing public concern over the State's handling of the Curtin case. The prospect of the Dáil moving to impeach the judge is now a live possibility.

Essentially, the issue will turn on how he responds to a written request from Cabinet seeking an urgent explanation of allegations of the apparent accessing of a pornographic website and downloading of child pornography.

It is encouraging to see the Government taking such forceful action. Its get-tough stance will assuage public outrage in the wake of the collapse of the case against the judge. Significantly, Mr Ahern has also assured the House that, to his knowledge, no one had raised any doubts about Judge Curtin's suitability prior to his appointment.

No less urgent is the Government's demand for reports from both the Director of Public Prosecutions and Garda Commissioner Noel Conroy on the fiasco of the State's handling of this case.

Astonishingly, Judge Curtin was acquitted because the gardaí acted on an out-of-date warrant when they searched his home. Like it or not, the execution of a fatally flawed warrant is fuelling public perceptions of one law for the rich and powerful and another for the man and woman in the street.

In the history of the State, no judge has ever been impeached and the Government must be sure of its grounds if it decides to impeach Judge Curtin. If, however, he opts to fight it out, he must provide an explanation that leaves the Government with no prospect of being able to sack him.

Mr Ahern's unequivocal statement reflects the far-reaching legal, moral and political implications that flow from this case, hence, the Government's written warning of taking appropriate action "whether at Oireachtas level or otherwise".

The threat of impeachment has now been spelled out by Mr Ahern. Further heightening the sense of urgency, the Cabinet has asked the judge for an "urgent response" so the matter can be discussed at next week's Cabinet meeting.

Plainly, the strategy is to show a mailed fist in a bid to persuade him to leave the bench. But thanks to the State's bungling and despite Mr Ahern's assurance that the question of monetary compensation will not arise, the taxpayer could yet end up funding Judge Curtin's future salary and pension payments.

While the judge remains an innocent man in the eyes of the law, it would be inconceivable for him to resume his judicial role. The prospect of someone appearing before him on a charge of possessing child pornography is too appalling to contemplate. His continued presence as a member of the Circuit Court is unthinkable.