The State yesterday filed opposition papers in a judicial review in which Judge Brian Curtin of the Circuit Court is seeking a declaration that the mechanism used by the Dáil and the Seanad to investigate alleged misbehaviour by him is unlawful and unconstitutional.
Judge Curtin got leave from the High Court on December 22nd to seek a judicial review of the decision and actions taken on behalf of the Houses of the Oireachtas. In granting the leave, Mr Justice Smyth said he was satisfied that a case had been made to grant Judge Curtin leave to seek a review.
When the case came up for mention yesterday before Mr Justice Quirke, lawyers for the State said opposition papers had been filed, and the case was adjourned for mention again on January 19th.
Judge Curtin was acquitted by direction in Tralee Circuit Criminal Court in April last of possessing child pornography, but a select committee of Dáil and Seanad members recently ordered the judge to hand over his computer and other materials currently held by gardaí to the committee.
In earlier High Court proceedings Mr John Rogers SC, for Judge Curtin, said that in effect his client was being ordered to produce material he did not have, and the effect was to compel him to provide an answer against himself and to effectively "hang himself".