No deal with Judge Curtin, says McDowell
No deal had been done between the state and Brian Curtin following the former judge's resignation from the bench today, according to the Department of Justice.
Mr Curtin was acquitted in April 2004 of possession of child pornography after it emerged gardaí used an out-of-date search warrant, and is now to retire on a full state pension.
The resignation of the judge from the Circuit Court, on the grounds of ill health, was made under section 6 of the Courts (Establishment and Constitution) Act, 1961, and is effective from today.
A statement from the Department of Justice released today stated: "Under the Constitution, the pension entitlements of a judge are regulated by law.
"A judge who resigns owing to permanent infirmity may then apply for the payment of a reduced pension.
"This is a statutory entitlement to which he or she is objectively entitled and there is no provision for this pension to be refused once the infirmity is established. But the judge must establish that he resigned owing to permanent infirmity.
"There is no question, however, of any payment over and above the statutory entitlement and this issue does not arise. No deal or arrangement has been made with Judge Curtin by the State.
The move will bring to an end the Dáil investigation into the matter.
“As the Minister who moved the relevant resolution in the Dáil, I would like to thank Deputy Denis O’Donovan and his Committee, including their legal advisors, for all the work they have successfully done in what were largely uncharted waters,” said Tánaiste and Minister for Justice Michael McDowell.
“I now propose to finalise the Judicial Ethics legislation on which I have been in consultation with the judiciary.”
