Judge Curtis Innocent of child erotica downloading charges
Zoraya | 14.08.2006 04:31
THE Oireachtas committee investigating Brian Curtin is unlikely to have completed its task by November 1, by which date the circuit judge will be entitled to retire on an annual pension of €25,000.
The circuit court judge, 53, who is suspected of downloading child pornography, was appointed on November 1, 2001. He is entitled to retire after five years with an annual pension equivalent to one-sixth of his current salary of €149,461.
If Curtin chooses to retire, the investigation into his behaviour would come to an end and the Oireachtas report, designed to assess whether there is enough evidence to impeach him, would no longer be required.
Sources close to the case said that if Curtin chooses not to retire then he runs the risk of losing all his pension rights if he is successfully impeached.
Denis O’Donovan, the chairman of the Oireachtas committee on the constitution said this weekend that although its investigation into Curtin was progressing, the matter was unlikely to be finalised before November. He confirmed that if Curtin resigned before the committee had reached a conclusion, then its work would come to an end.
“This issue of the November date has been raised, but it’s not on our agenda,” said O’Donovan. “We are not working towards it and so it’s not a deadline as far as we are concerned. Our job is to assess the evidence against Judge Curtin and produce a report that will then be put before the Oireachtas. The only deadline that is relevant to us is that this must be done ahead of the next general election. If it is not done before then, we cannot continue.
He added: “This is a complicated case with difficult legal issues and it is going to take time. The last thing we need to do is start to rush it.”
According to O’Donovan it could take “up to Christmas” before the committee’s report is finished and reviewed by the Oireachtas. He said a number of delays had already affected the committee’s progress.
Curtin, who acted as a circuit court judge for six months after his appointment has been on full pay since he ceased hearing cases following the gardai’s raid on his home in Tralee, Co Kerry in 2002.
If Curtin is not removed from his post by next year’s election, a new government will have to start the process again. If Curtin stays in his position until retirement age, his annual benefit would be 50% of his final salary, equivalent to €75,000.
Lawyers representing Curtin would not comment this weekend.
The judge was charged by gardai as part of Operation Amethyst, an investigation launched after names of people who accessed a child porn website run from Texas were supplied to the authorities by American investigators.
If Curtin chooses to retire, the investigation into his behaviour would come to an end and the Oireachtas report, designed to assess whether there is enough evidence to impeach him, would no longer be required.
Sources close to the case said that if Curtin chooses not to retire then he runs the risk of losing all his pension rights if he is successfully impeached.
Denis O’Donovan, the chairman of the Oireachtas committee on the constitution said this weekend that although its investigation into Curtin was progressing, the matter was unlikely to be finalised before November. He confirmed that if Curtin resigned before the committee had reached a conclusion, then its work would come to an end.
“This issue of the November date has been raised, but it’s not on our agenda,” said O’Donovan. “We are not working towards it and so it’s not a deadline as far as we are concerned. Our job is to assess the evidence against Judge Curtin and produce a report that will then be put before the Oireachtas. The only deadline that is relevant to us is that this must be done ahead of the next general election. If it is not done before then, we cannot continue.
He added: “This is a complicated case with difficult legal issues and it is going to take time. The last thing we need to do is start to rush it.”
According to O’Donovan it could take “up to Christmas” before the committee’s report is finished and reviewed by the Oireachtas. He said a number of delays had already affected the committee’s progress.
Curtin, who acted as a circuit court judge for six months after his appointment has been on full pay since he ceased hearing cases following the gardai’s raid on his home in Tralee, Co Kerry in 2002.
If Curtin is not removed from his post by next year’s election, a new government will have to start the process again. If Curtin stays in his position until retirement age, his annual benefit would be 50% of his final salary, equivalent to €75,000.
Lawyers representing Curtin would not comment this weekend.
The judge was charged by gardai as part of Operation Amethyst, an investigation launched after names of people who accessed a child porn website run from Texas were supplied to the authorities by American investigators.
Zoraya
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