Report on Curtin may be with Oireachtas by autumn

The committee examining evidence relating to Judge Brian Curtin hopes to have its report available to the Oireachtas by the time…

The committee examining evidence relating to Judge Brian Curtin hopes to have its report available to the Oireachtas by the time it resumes in the autumn, said its chairman, Mr Denis O'Donovan.

Judge Curtin was acquitted of possessing child pornography when Tralee Circuit Court threw out unconstitutionally obtained evidence against him.

The committee held its inaugural meeting yesterday, which lasted almost 2½ hours. It agreed to seek compellability powers from the Committee on Procedure and Privilege. This is a procedural move necessary not only to compel witnesses and the production of documents, but to ensure that such witnesses enjoy parliamentary privilege when they appear and give evidence. It applies to all witnesses, including members of An Garda Síochána, and any documents they will be asked to bring. Following the enactment of special legislation last month, these powers can also be applied to Judge Curtin.

The committee also decided to appoint leading constitutional lawyer Dr Gerard Hogan SC to advise it. Another senior counsel and a junior counsel will be appointed within the next few days. The committee has tendered for a firm of solicitors to represent it, and this process is also expected to be completed within days.

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It discussed a letter from lawyers for Judge Curtin, suggesting that it get guidance from the courts on the extent of its powers, but took no decision to do so. "It is very unlikely we would go to court on that," said Mr O'Donovan. "As of now we're up and running. We'll proceed according to the orders given by the Oireachtas."

The committee had a preliminary discussion on whether it would consider the unconstitutionally obtained evidence against Judge Curtin. "We will look at this in depth when our legal team is put in place," said Mr O'Donovan.

The members of the committee will be fully available throughout July and part of August, he said. He acknowledged that the time-frame was optimistic, and that there would be "minefields and pitfalls", with the committee quite likely to be "dragged into court".