Curtin case €4m deal to quit would be a disgrace

Detective Inspector Tom Dixon told the court in Tralee last week that Judge Brian Curtin first came to the attention of the gardaí through the American police authorities and Interpol.

They supplied his name, address, and credit card details as part of an international investigation into child pornography.

Serious allegations were made against Judge Curtin in court, but they were not considered during the case, so it is imperative that they should be addressed publicly now.

People in a republic have not only a right to know but also a duty to insist that members of the judiciary are of exemplary character. It is not enough that those who sit in judgment of their fellow citizens should not be convicted of violating the laws of the republic, propriety demands that they should also be above suspicion.

They are afforded enormous protection to ensure that they are able to dispense justice without being compelled to satisfy the dictates of popular taste, or the pressure of public opinion, but these are designed to protect the decision-making process. Judge Carroll Moran said that he realised that many people would consider his judgment "a highly unsatisfactory result." Indeed, he seemed to go out of his way to give the prosecution time to rescue the case, but the dictates of the law were clear.

The case against Judge Curtin was not proved and could not have been proven, due to official bungling, not on a technicality, but a well-established principle of law.

Even though Judge Curtin was found not guilty, serious questions still remain, because there was not even a cursory, much less a full and open hearing of the main issues involved.

Allegations some made initially by police in other jurisdictions were left hanging as a result of the manner in which the case collapsed. There can be absolutely no question of Judge Curtin resuming his position on the bench until he answers a number of questions:

Did he ever download child pornography?

Was his credit card used to purchase child pornography?

Did his computer, seized by the gardaí, contain child pornography?

He is free to explain the situation without any fear of prosecution, because he has already been acquitted and, under the concept of double jeopardy, cannot be tried on these matters again.

If the answer to any of those questions is in the affirmative, he should have to provide a convincing explanation. Of course, there could be circumstances in which somebody's computer and credit card could be used by somebody else to download material, or somebody might inadvertently call up child pornography on the internet. These are issues that would have to be addressed.

There have been suggestions that the State would do a deal to pay Judge Curtin up to €4 million for his resignation. In the absence of answers from him to the allegations made and the questions asked, such a deal would be a disgrace.