The Oireachtas is entitled to access to a computer seized by gardaí from the home of Circuit Court Judge Brian Curtin, despite it being recovered on foot of an incorrectly executed warrant, the Supreme Court was told today.
On the second day of an appeal by Judge Curtin against Oireachtas attempts to inquire into his alleged possession of child pornography, Brian Murray SC, said that while the May 2002 warrant was wrongly executed, this does not mean the materials seized are permanently immune from further seizure.
It was of importance that this was a situation where gardaí who were involved in the search did not know they were infringing Judge Curtin's constitutional rights and were not acting in bad faith. Mr Murray noted the granting of the warrant was valid.
File picture of Judge Brian Curtin
Aside from the materials seized in the search, there was independent information, recited in the Oireachtas motion for the Judge's removal from office, counsel for the State added.
The motion noted information had been obtained by the US postal service in relation to the names and credit and charge card details of persons suspected of accessing Web sites containing child pornography, including card details of a person stated to be Judge Curtin.
Mr Murray said that information from the US suggested that Judge Curtin was or had been in possession of a computer which may have been used to access child pornography.
The Committee was entitled to seek the computer from Judge Curtin because it was his property. Judge Curtin had not, to date, sought the return of the computer from the gardaí in whose possession it remains.
In putting down a motion for removal of the judge and in appointing a Select Committee to inquire into his alleged misbehaviour, the Oireachtas was carrying out a procedure on behalf of the people to vindicate the integrity of the judiciary, counsel said. It was a feature of this procedure that it took place in Parliament.
Mr Murray was continuing submissions on behalf of the State on the third day of Judge Curtin's appeal before a seven judge Supreme Court against a High Court ruling last May that the procedures put in place by the Oireachtas to inquire into his alleged misbehaviour are constitutional.
The appeal centres on the construction of Article 35.4.1 of the Constitution which provides that a judge shall not be removed from office except for "stated misbehaviour" or "incapacity" and only after a resolution for removal is passed by the Oireachtas.
The appeal continues tomorrow.