Cabinet to decide Judge Curtin's fate
The Government will decide the fate of Judge Brian Curtin today, after he was acquitted of possessing child pornography.
Taoiseach Bertie Ahern said there would be no compensation deal for the judge if the Cabinet decided impeachment was necessary.
“We have received a letter back from advisors to Judge Curtin and will be discussing that,” Mr Ahern said.
He added: “The Attorney General’s (Rory Brady SC) letters came in on Friday. I’m not sure what Judge Curtin wants to do on this so we have to decide that tomorrow.”
As the Cabinet prepared to meet to decide if the judge would be forced from the bench, Mr Ahern also said the matter had be dealt with under a strict legal code.
Judge Curtin was acquitted of possessing child pornography last month after the trial judge ruled a Garda warrant used to search his house in May 2002 was out of date.
Mr Ahern told Dáil members last month they may have to decide on the future of the judge.
Mr Ahern had previously said that his removal from office on grounds of stated misbehaviour was one option to be considered.
A spokesman for the Taoiseach confirmed the Government had received a communication from the judge ahead of a deadline set less than a fortnight ago to provide an explanation of his actions.
The Cabinet was due to meet today to consider its next step, the spokesman added.
At a Cabinet meeting four days after the trial, the judge was given a week to provide a response to the outcome of the trial.
The Government had asked for reasons why his credit card was used to purchase pornography on the internet.
Judge Curtin was then granted a two-week extension to the deadline to offer an explanation of his actions.
Labour Party leader Pat Rabitte previously claimed Judge Curtin should be removed from the bench on grounds of incapacity.
Mr Rabitte said stated misbehaviour or incapacity to serve as a judge was reason enough to remove the judge, and that no proof of misbehaviour was needed.
The Labour leader said: “No matter what the outcome of the present deliberations, there is no possibility at all that he will ever sit in court to preside over a trial again.
“He has simply lost the confidence of his judicial colleagues, the Government and the public,” Mr Rabitte said.
He continued: “A judge who has irrevocably lost the confidence of the people has been stripped of a capacity to act as a judge, it seems to me, within the meaning of Article 35 of our Constitution.”
Under Article 35, section 4 of the Constitution, as applied to Circuit Court judges, a judge may be removed from office by reason of either “stated misbehaviour” or “incapacity”, Mr Rabitte said.
The Director of Public Prosecutions is also looking into whether Judge Curtin should face charges after he was arrested on suspicion of drink driving in Tralee almost two weeks ago.
