The precaution has been taken in the Curtin case of not permitting the select committee to make findings of fact or express opinions or make recommendations, said Mr Justice Thomas Smyth.
Its function was to collect evidence. Its entitlement to compel witnesses or the production of documents was dependent on obtaining in written form the consent of the Compellability Committee.
The judge said that ultimately, if and when all the evidence was taken in, it would be presented in full, including all audiovisual records, to members of the Oireachtas who were charged with the adjudication process.
Furthermore, there was written into the system as structured in the present case the entitlement of the Circuit Court judge to appear in person and by counsel before the Houses of the Oireachtas.
Mr Justice Smyth said it would be quite inappropriate to assume that the Houses of the Oireachtas would make decisions which would entail a breach of Judge Brian Curtin's constitutional rights.
On the contrary, the relevant standing order expressly required the Oireachtas and the committee to have regard to and ensure that fair procedures were adopted.
In the present case, the investigative structure was such as to ensure that no element of adjudication was made save by the Houses of the Oireachtas, which were empowered by the Constitution to carry out that function.
The elements of evidence were collated or collected and presented to the Houses for their full adjudication. It was difficult to understand how there would be any unconstitutional infirmity in this form of procedure.
Mr Justice Smyth said a fundamental difficulty in part of the case was that the claim for the constitutional right of Judge Curtin was misplaced. The process did not concern his position as a citizen, it concerned the constitutional position of a judge.
Mr Justice Smyth continued: "It is a constitutional office which imposes constitutional obligations on the officeholder, and at times imposes requirements of behaviour quite different and more onerous than those which are required of an ordinary citizen.
"Judges are not pillars of wisdom or paragons of virtue. They are fallible human beings who, having a certain training and experience, are appointed to fulfil a responsible role under the Constitution. They are obliged to make a declaration under the Constitution, often referred to as the Oath of Office. The appointed earnestly hope and intend to fulfil the obligations - the public most assuredly expect them to do so."
Mr Justice Smyth said the unique nature of the judicial function and the fundamental importance of maintaining confidence in the integrity of the courts and the administration of justice was at total variance with some form of "super-citizen", entitled to not only rights of the citizen but also more power, position and prestige.
There was no question of any criminal trial following on the investigation or inquiry of the committee.