Curtin tenders resignation, halting Oireachtas inquiry

Judge Brian Curtin, who was cleared by a court in 2004 of possessing child pornography, has tendered his resignation on the grounds of ill health.

The Circuit Court judge submitted his letter to the Government today as an Oireachtas inquiry began its investigation of allegations of stated misbehaviour on his part. His resignation is effective from today.

This inquiry, which would have had the power to impeach Judge Curtin if it had found him in breach of judicial rules of conduct, has now been halted.

In a statement, Tánaiste and Minister for Justice Michael McDowell insisted no deal had been struck with the judge to secure his resignation.

Judge Curtin (54) was arrested in May 2002 along with more than 100 other Irish individuals in separate Garda raids as part of Operation Amethyst. The arrests followed a tip-off from US authorities who provided names and credit card details discovered on the computer files of a Texas internet operation.

He denied the charge of possession of child pornography. He was acquitted at the Circuit Court in April 2004 by direction of trial Judge Carroll Moran after it emerged gardaí used an out of date search warrant. The evidence gathered during a Garda raid on Judge Curtin's home in May 2002, including his personal computer, was deemed inadmissible.

Mr McDowell this evening confirmed Judge Curtin had submitted his resignation on the grounds of ill health, under Section 6 of the Courts (Establishment and Constitution) Act, 1961.

Brian Curtin

The Minister said Judge Curtin's pension entitlements are regulated by law. In the case of a judge who resigns due to infirmity, a reduced pension may be applied for. "There is no provision for this pension to be refused once the infirmity is established," he said. "But the judge must establish that he resigned owing to permanent infirmity."

Mr McDowell insisted Judge Curtin had not been offered a deal to stand down. "No deal or arrangement has been made with Judge Curtin by the State," he said.

Prior to today's development, Judge Curtin had brought unsuccessful High Court and Supreme Court challenges to the Oireachtas inquiry.

During the Supreme Court appeal, lawyers for Judge Curtin had argued that he had not knowingly tried to access child pornography, blaming the presence of some 280 images on his hard drive on "Trojan" computer viruses.

Judge Curtin, an unsuccessful Progressive Democrats candidate in Tralee in local elections, has been paid his full salary of €130,000 a year since the start of inquiries. Since his arrest, he has been found guilty of drink driving and has spent almost two months in St John of God's psychiatric hospital in Dublin.

Committee chairman Denis O'Donovan tonight said he and his colleagues discharged their duties professionally and fairly but that Mr Curtin's resignation was irreversible and their work was now over.

He told a news conference: "Some commentators said at the beginning that I was like Jesus on the cross, it was such a difficult task. "But we performed that task very professionally and very fairly.

The facts are the judge has resigned and our work has finished." Hearings were due to begin today on Mr Curtin and witnesses were due to be sworn in when Committee members learned the subject of their inquiry was resigning.

"He has issued an unequivocal letter of resignation that is clear and irrevocable." Mr O'Donovan called for a watchdog for the state's judges to be established immediately.

"There is now need at this juncture that a judicial council should be established as a matter of urgency. Ireland is the only country in the modern world without one. If a judicial council was in place it would obviate the difficulties we faced in this situation."