Curtin loses challenge to Oireachtas inquiry

Judge Brian Curtin has lost his challenge to the Oireachtas' entitlement to investigate him.

Judge Brian Curtin has lost his challenge to the Oireachtas' entitlement to investigate him.

In a judgment which took Mr Justice Smyth five hours to read, the High Court found against all Mr Curtin objections to an investigation into his conduct by a select committee of the Oireachtas.

The committee was convened to investigate allegations the Circuit Court judge had images of child pornography stored on a computer in Tralee home. It adjourned following the instigation of the challenge.

The case against Mr Curtin collapsed in court after the Garda failed to properly execute the warrant ordering the seizure of evidence from his home.

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Today's judgment said the independence of the judiciary was not compromised by being investigated by the legislature

Justice Thomas Smyth said he was satisfied the Oireachtas committee had acted within its powers in setting up an investigation into the judge.

"In my judgement, the applicant's constitutional rights have not been compromised by the procedures set up in this case," he said.

Judge Smyth refused all the reliefs sought by Judge Curtin , which included a declaration that the committee had no right to use material found on the computer as evidence.

He said there were extraordinary circumstances which required that the evidence seized by the Gardai should be available to the committee because of the importance of maintaining public confidence in the judiciary.

He added that the committee should have the power to compel Judge Curtin to attend and provide documents. Judge Smyth said if a judge was not compelled to do so he might not attend and this would frustrate the provisions of the Constitution.

The Oireachtas committee, which was set up last year, can now reconvene.