Lawyers for Judge Brian Curtin have abandoned key elements of his High Court proceedings aimed at blocking a Joint Oireachtas Committee inquiry into his conduct.
The Committee is now clear to continue its investigation into the conduct of the judge, who was acquitted of possession of child pornography last April.
The judge's proceedings were intended to prevent the inquiry from using materials, including his computer and alleged images of child pornography, found during a Garda raid on his home in Tralee, Co Kerry on May 27th, 2002.
The Committee has asked the judge to voluntarily give it those materials and, should he refuse, is expected to consider making a production order.
A three-judge divisional High Court was told today by Mr John Rogers, SC, that Judge Curtin was abandoning his claim for a declaration that the computer and other materials not be used in any other proceedings. He is also not continuing with a claim for an order restraining the government and Garda Commissioner from making any use whatsoever of the computer and other materials.
However, the judge is still pursuing his claim for damages against the Garda Commissioner over the unlawful search of his home.
That action will be heard at a later date. Despite today's withdrawal, Judge Curtin could still mount further legal challenges to any orders made by the Joint Committee, including any order requiring him to produce the items.
The President of the High Court, Mr Justice Finnegan, sitting with Mr Justice Kelly and Mr Justice Quirke, made orders for the amendments of the pleadings as outlined.
He reserved costs to the ultimate hearing of Judge Curtin's action.
The court proceedings arose after Judge Curtin's acquittal in the Circuit Court last April on a charge of possessing child pornography, after it was learned that a warrant used to search his home was out of date.
On June 2nd last, the Minister for Justice moved a motion for the removal of Judge Curtin from office "for stated misbehaviour". The motion has been adjourned in both the Dáil and Seanad pending receipt of a report from an Oireachtas Committee to inquire into the conduct of Judge Curtin.
Also on June 2nd, Judge Curtin initiated High Court proceedings against the Government, DPP and Garda Commissioner seeking declarations and orders aimed at restraining the use in other proceedings of the computer and other materials.
On June 23rd, the Government got leave from the High Court to bring its motion arguing that the court could not, given that the matter is now being dealt with by an Oireachtas Committee, grant the declarations and injunction sought.