Ahern says no 'sweetheart' deal for judge Curtin

The Taoiseach, Mr Ahern said today there would be no "sweetheart arrangement" for Circuit Court judge Brian Curtin.

Speaking at the launch of Fianna Fáil's European election manifesto, the Taoseach said if forced down the route of impeachment, there would be no question of compensation.

Judge Curtin was acquitted in a Cork court last month of possessing child pornography after the trial judge ruled a Garda warrant used to search his house in May 2002 was out of date.

Earlier today, Labour Party leader, Mr Pat Rabitte, said that Judge Curtin should be relieved of his duties on the grounds of incapacity.

Mr Rabbitte said stated misbehaviour or incapacity to serve as a judge was reason enough to remove the judge, and that no proof of misbehaviour was needed.

Ahead of the Cabinet meeting tomorrow which will discuss the judge's fate, Mr Rabbitte said: "No matter what the outcome of the present deliberations, there is no possibility at all that he will ever sit in court to preside over a trial again.

"He has simply lost the confidence of his judicial colleagues, the Government and the public," Mr Rabbitte said. "A judge who has irrevocably lost the confidence of the people has been stripped of a capacity to act as a judge, it seems to me, within the meaning of Article 35 of our Constitution."

Under Article 35, Section 4 of the Constitution, as applied to Circuit Court judges, a judge may be removed from office by reason of either "stated misbehaviour" or "incapacity".

The Government received a letter from the judge last Thursday, just over two weeks after the Secretary General to the Government, Mr Dermot McCarthy, wrote to him seeking his account of how child pornography was found on his home computer and how credit card records showed he had bought the images.

It is understood that the judge's letter does not suggest that he will resign. This leaves the Government to decide whether it should attempt to remove him from the bench through impeachment proceedings.

The Cabinet will discuss the situation tomorrow. The Taoiseach, Mr Ahern, has said Judge Curtin's removal from office on grounds of stated misbehaviour was one option to be considered.

The Director of Public Prosecutions is also considering whether Judge Curtin should face charges after he was arrested on suspicion of drink driving in Tralee last Saturday week.