The Attorney General will advise the Government next Tuesday on its next move in relation to Judge Brian Curtin after studying a reply from the judge to the Government's demand for a full explanation of his alleged downloading of child pornography, writes Mark Brennock, Chief Political Correspondent.
The judge replied on Thursday, just over two weeks after the Secretary General to the Government, Mr Dermot McCarthy, wrote to him seeking his account of events. It is understood that the judge's letter does not suggest that he will resign. This leaves the Government to decide whether it should attempt to remove him from the bench through impeachment proceedings.
A Government spokeswoman yesterday confirmed that a reply had been received from the judge and would be considered by the Cabinet at its meeting next Tuesday. The Attorney General, Mr Rory Brady, is believed to have studied the judge's response yesterday. He is expected to consult the Taoiseach, Mr Ahern, and the Minister for Justice, Mr McDowell, before Tuesday's Cabinet meeting.
The Government is anxious to be seen to deal firmly and quickly with the issue before the local and European Parliament election campaigns move into their more intensive phase. However, Ministers are also anxious to ensure that if they move to impeach the judge, their action will survive any possible future legal challenge.
The Secretary General to the Government wrote to the judge over two weeks ago seeking an explanation for his alleged downloading of child pornography from a website. This followed the collapse of the trial of the judge last month after it emerged that the search warrant used to seize his computer from his home was out of date.
The judge's reply is understood to have dashed the hopes of some Ministers that the judge would voluntarily resign, thus removing the need for the Cabinet to deal with a highly difficult issue. Impeachment proceedings have never been taken against a judge in Ireland, and Ministers remain concerned about the legal procedures to be used to remove a judge from office on the basis of alleged activity of which he has been acquitted in court.
The Taoiseach has already acknowledged that changes may be required in legislation or in the standing orders of the Houses of the Oireachtas to allow impeachment proceedings to take place.
The Government has received reports from the Garda and the Director of Public Prosecutions on the case. However, the Cabinet decided to take no action on the issue until receiving the judge's reply.
While the Government gave the judge a deadline of May 4th last for a reply, it agreed on that date to grant him an extension of time, which he had requested.
Four days later - last Saturday - Judge Curtin was arrested on suspicion of drink-driving. The Director of Public Prosecutions is to decide in the next few weeks whether or not he is to face charges in relation to this incident.