Calls to adjourn an Oireachtas investigation into the case of Judge Brian Curtin on the grounds of ill health were rejected today.

A joint Oireachtas committee concluded that the Circuit Court judge, acquitted of possessing child pornography, was well enough to cooperate with its inquiry.

The decision was made after evidence was heard from several medical experts on the state of Judge Curtin’s health.

After a four-hour debate, the committee, chaired by Fianna Fáil TD Denis O’Donovan, announced it would resume hearings next month, when it is expected to seek access to Judge Curtin’s computer.

In a statement, it said: "Submissions had been made on behalf of Judge Curtin by his legal team and the committee, following the taking of evidence between August 24 and September 27, has reached a determination on those submissions.

“The result of this determination is that the committee is now proceeding with its work and with the implementation of the Orders of the Houses of the Oireachtas which established it.”

Judge Curtin’s lawyers had made representations to adjourn the investigation for three months, claiming the beleaguered judge was too ill to co-operate.

It is almost certain a legal challenge will now follow.

The judge was acquitted of possessing child pornography in May when his trial collapsed as it emerged the Garda warrant used to search his Tralee home was out of date.

But since then, the 51-year-old has refused to co-operate with the Oireachtas and has become the subject of much speculation.

When moves were taken to impeach him on grounds of stated misbehaviour, lawyers wrote to the Government outlining that the judge would respond “appropriately” to the investigation.

The joint Oireachtas committee was established in June when emergency legislation was passed to compel Judge Curtin to appear before it.

The seven-strong group of four TDs and three Senators is looking into the circumstances of the charges brought against the judge, which he has always denied.

Since the trial collapsed he has spent two months in the St John of God’s psychiatric hospital, Dublin, and is understood to have been abroad.

At the beginning of this month he was charged with various offences relating to a drink driving charge at Tralee District Court, including his alleged refusal to provide a breath sample on May 8.

His solicitor Robert Pierse was granted an adjournment until December after producing medical records to support his application.

Judge Curtin is also seeking damages against the Garda Commissioner for trespass.

On these grounds he is expected to argue that the material seized from his home, including the computer, should not be accessed as part of the committee’s investigation.

---