The Oireachtas committee investigating the conduct of Judge Brian Curtin, who was acquitted of possessing child pornography this year, has decided to order the handover of a computer owned by the judge.
The computer is of key importance as the Committee attempts to establish the circumstances leading to Judge Curtin's arrest in 2002.
It was ruled as inadmissible evidence by Tralee Circuit Court during the trial and Judge Curtin's lawyers are expected to challenge the Committee's order.
The computer was taken as evidence during a Garda raid on his Tralee home as part of Operation Amethyst - the international crackdown on child pornography.
Last April, the case against the judge collapsed after the search warrant authorising the raid was ruled invalid because it had not been acted upon within seven days of being signed.
The decision presented the Government with a political and legal problem because Judge Curtin was eligible to return to the bench despite the blaze of publicity surrounding the case.
The Oireachtas Committee which conducts hearing in private, today issued a brief statement following two days of discussion.
"Following the hearing of submissions on November 25th,2004 the Committee decided on November 30th, 2004 to make formal orders under section 3 of the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997, directing the production of a computer in Judge Curtin's power.
"The committee has notified its decision formally to the legal representatives of Judge Curtin and will be issuing its orders as decided this week," the statement said.
Judge Curtin initially refused to co-operate with the Committee, but following a series of High Court challenges and hearing submissions from Judge Curtin's legal and medical team, the Committee resolved to proceed with its work.
Last June, the Minister for Justice moved a motion for the removal of Judge Curtin from office "for stated misbehaviour" but it was adjourned in both the Dáil and Seanad pending the receipt of the Committee's report.
On the same day, Judge Curtin initiated High Court proceedings seeking declarations and orders to restrain the use of the computer and other materials in other proceedings.
The members of the Committee are: Deputy Denis O'Donovan (Chairman), Deputies Jerry Cowley, Jim O'Keeffe and Jan O'Sullivan, and Senators John Dardis, Geraldine Feeney and Michael Finucane.