Impeachment move stalled as judge says: I'm innocent
Tuesday May 25 2004
THE Circuit Court judge under threat of impeachment arising from a child pornography case has denied any impropriety.
The sensational development came in correspondence to Taoiseach Bertie Ahern from solicitors for Judge Brian Curtin, who was acquitted at Tralee Circuit Court over a month ago.
They said the judge is suffering from a psychiatric disorder for which he is receiving treatment and this is making it difficult for them to receive instructions.
Judge Curtin's advisers have also asked to have sight of any motion the Government proposes to bring forward in an impeachment process.
The dramatic letter to the Government came in advance of a Cabinet meeting today to discuss the proposed wording for the motion, to be put before the Oireachtas for the judge's removal from the Bench.
The development opens up a new avenue of communication which is in stark contrast to the judge's earlier stance of giving no explanations to the Government.
Opposition parties, who had been expecting to hear the wording of the motion from the Government today, were told yesterday the measure would not be coming before the House this week at all.
The office of Attorney General Rory Brady conducted briefings last week for Opposition leaders, TDs and Senators on the Government's plans for the handling of the impeachment process.
In view of this, it is understood there was surprise in Government circles at what was seen by them as the critical approach taken by the Opposition parties last night.
Labour leader, Pat Rabbitte had called for "a clear statement" from Mr Ahern before the Dail convenes today on "the current state of affairs". "The Taoiseach cannot hope to use the Oireachtas as a bargaining counter in negotiations that might be ongoing with the judge," he said.
"I have said from the beginning that I am sceptical about the Government continuing the removal process after June 11, and that when the elections are over, it is likely that this affair will be settled on the basis of Minister McDowell giving the judge a barrel of taxpayers' money," said Mr Rabbitte.
Meanwhile, a PD spokesman last night angrily denied suggestions by Fine Gael leader Enda Kenny that PD Ministers or the party had lobbied on behalf of Judge Curtin, a former PD member, prior to his appointment to the Bench in 2001. Mr Kenny had challenged Justice Minister Michael McDowell to explain his role in the appointment of Judge Curtin. "No inquiries were ever made about Mr Curtin and no lobbying was done for him," said the PD spokesman.
The Cabinet will discuss the latest twist in the case at its weekly meeting at Farmleigh House today. But, in view of the judge's letter, it will not be ready to put the motion before the Oireachtas for another week.
The case against Judge Curtin was dismissed after a ruling that a warrant for the searching of his home in Tralee was out of date.
- Gene McKennaPolitical Editor
