Curtin committee seeks to resolve fees dispute

The Oireachtas Committee investigating the behaviour of Judge Brian Curtin will today seek to resolve a dispute over costs with…

The Oireachtas Committee investigating the behaviour of Judge Brian Curtin will today seek to resolve a dispute over costs with the judge's lawyers which is delaying their work.

The committee will meet in private session to hear the judge's case concerning who should pay the costs of the proceedings.

The question of who will pay for computer experts to examine the judge's personal computer - alleged to contain child pornography images - has ensured that the machine has still not been handed over to the committee, six weeks after the Supreme Court ordered that it should be.

The computer was seized from the judge's home in May 2002. However, he was acquitted of charges of possession of child pornography after it emerged that the warrant under which it was seized was out of date.

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The computer remains in the custody of the Garda, while the committee and the judge argue over who should pay for the examination of it by two experts - one to be chosen by the committee and the other by the judge.

Judge Curtin's team, led by John Rogers SC, argues that the full cost of the examination should be covered by the State. However, the committee's lawyers have argued that the State should only pay half the cost as the Supreme Court decision only gave the judge half his costs.

Mr Rogers is expected to make his case today concerning not only the costs of examining the computer but the costs of various witnesses.

Like all Oireachtas proceedings, those of this committee lapse when the next general election is called. After the election, a new committee would have to start work again on the matter and the judge could remain in office pending the outcome.

Judge Curtin has not been assigned any cases since the Garda raid on his home. He has remained on full pay, currently €149,461 a year.

If he remains in office next November he will be entitled to a pension of one-eighth of his salary - €18,682 a year.

Early this month, the committee chairman, Fianna Fáil TD Denis O'Donovan, said he would be "deeply disappointed" if its report was not completed by July.