Madam, - I am taken aback that Vincent Browne (Opinion, May 19th) should consider the impeachment of a judge by the Oireachtas under Article 35.4 to amount to "a constitutional crisis involving the Oireachtas and the judiciary". As the Constitution clearly sets out provision for just such a course of action, it can hardly amount to a constitutional crisis.
True, the courts have a role in protecting the right of every citizen to fair procedures and a judge, as much as any person, is entitled to fair procedures. And true, public representatives are not especially skilled in asking questions, seeking information and considering evidence impartially. But when the will to do so is present, the basic requirement to act fairly is not such an alien concept, and with the advice of the Attorney General available and the detailed procedures being set out by way of resolution, it is not an impossible task.
The constant references in the press to fair procedures seem to me like a threat that a person with access to high-powered legal expertise can wiggle out of any process on a technicality. Isn't this how lawyers make their names and their fortunes - by getting wealthy people off on technicalities? The judiciary appear to have sacrificed the doing of justice to the compliance with the letter of regulations, and in doing so have undermined public confidence in the justice system.
The correct test for the breach of a technical requirement is: Does it defeat the doing of justice? In the case of a search warrant which had lapsed by less than one day, the two questions to be asked are: Did it impair in any way the ability of the accused to defend himself? Was it an honest mistake? (That is, did those carrying out the search believe that they were doing so within the requirements of the law).
Where a court was satisfied that both conditions were met, then such a technical error should not defeat the doing of justice.
The suggestion of Mr Pat Rabbitte that the grounds for impeachment be incapacity, rather than stated misbehaviour, has the virtue of honesty. Judge Curtin cannot function as a judge not because he has been found guilty of a serious criminal offence - which he has not - but because the people can now have no confidence in his ability to act impartially as a judge. This is especially so because as a Circuit Court Judge he would be hearing many children's and family law cases in camera - without any public scrutiny.
The ability of the Oireachtas to arrive at a finding of "misbehaviour" runs far greater risk of breaching the rules of fair procedures than a simple finding of incapacity to function as a judge. - Yours, etc.,
Dr BOB McCORMACK, Iveragh Road, Whitehall, Dublin 9.