The Oireachtas committee investigating the suitability for office of Judge Brian Curtin last night agreed that costs incurred by the judge during its investigation, estimated at around €1 million, would be met by the taxpayer.
A month ago the Supreme Court decided to allow the judge only half his costs for the court actions he had taken in an effort to prevent the committee conducting its investigation.
Last night counsel for Judge Curtin, John Rogers, argued before a private session of the committee that the judge was constitutionally entitled to have the costs of his Oireachtas hearing covered by the taxpayer.
After lengthy discussions between the lawyer for the committee and the judge's legal team, the committee decided that "reasonable costs and expenses" would be covered for the hearing.
The committee is now hoping to make quick progress in obtaining the judge's personal computer, which allegedly contains images of child pornography.
Judge Curtin pleaded not guilty to the possession of child pornography when his case opened in the Circuit Court in April 2004. He was acquitted after it emerged the warrant under which the computer had been seized was out of date.
The computer has been in the possession of the Garda Síochána since May 2002. The committee had planned to bring in a computer expert from the United States, Eoghan Casey, but has decided to employ a British firm instead, in an effort to speed up the case.
Judge Curtin's team was expected to employ British investigative journalist, Duncan Campbell, as its computer expert but there is now some doubt about whether that will happen.
The committee is legally obliged to complete its work before the next general election. If it fails to report before the election, expected in around a year's time, the committee will lapse and the judge will remain in office. Judge Curtin, who acted as a Circuit Court judge for just six months after his appointment in November 2001, has been on full pay, currently running at €149,461 a year, since he ceased hearing cases after a Garda raid on his home in 2002.
If the Oireachtas fails to dismiss him by November he will be entitled to a pension of one-eighth of his annual salary, which currently comes to €18,682 a year. If he is not removed by the time of the election, he will continue on full salary until retirement.
