An expert report commissioned by an Oireachtas committee on the computer of Judge Brian Curtin is expected to be completed this week, amid mounting speculation that the judge will be eligible to retire on pension before the Dáil inquiry into his behaviour is completed.
Judge Curtin, who was the subject of a failed prosecution for the possession of child pornography on his computer, will pass the fifth anniversary of his appointment as a circuit court judge in November and will then be eligible to retire on a part pension of €25,000 a year.
Denis O'Donovan TD, the chairman of the Oireachtas committee that is investigating the Curtin case, said yesterday he did not expect his committee to have completed its report by the beginning of November. On submission of the report, the Dáil and Seanad will then be entitled to vote on whether to impeach the judge. If impeached, he will have no entitlements to a pension.
Mr O'Donovan said the report by the expert who had examined Judge Curtin's computer was delayed by four weeks, but would be completed by the end of this week.
His committee plans to hold hearings, but their format has yet to be decided upon and Judge Curtin's legal team is entitled to consultation on this.
Mr O'Donovan said it was not within the committee's remit to take into account any issues relating to the judge's retirement eligibility. "We have been tasked with a job, which we cannot rush and which we intend to complete."
The committee's work was held up for nearly two years by an unsuccessful court challenge by Judge Curtin, which ended last March when the Supreme Court ruled the Oireachtas inquiry could go ahead.
Judge Curtin was appointed to the bench in November 2001. In April 2004 he pleaded not guilty to the possession of child pornography. He was acquitted after it emerged the warrant under which his computer had been seized was out of date.
After the Garda raid on his home in May 2002, Judge Curtin ceased hearing cases but has been on full pay of just under €150,000 a year since then. He is entitled to retire on health grounds after five years and would be entitled to a pension of one-sixth of his full salary, or €25,000.