Former judge Brian Curtin, who faced the threat of impeachment by the Oireachtas, is set to qualify for a € 19,000 a year pension and a lump sum of €51,000 following his decision to resign yesterday from the Circuit Court.
His resignation letter to the Government followed a failed effort by his legal team to get the Oireachtas committee investigating his case to produce an interim report noting a further deterioration in his health.
The costs of Mr Curtin's legal team, which included former attorney general John Rogers SC and which are estimated to run to approximately €500,000, will be met by the State, subject to examination by the High Court Taxing Master.
His solicitor, Robert Pierse, in a detailed statement, said Mr Curtin had "with regret" resigned: "He wishes to leave it at that as he has reached such a stage of ill-health that he cannot continue the fight and so has brought the matter to an end."
Fianna Fáil Cork South West TD Denis O'Donovan, who chaired the seven-strong Oireachtas inquiry, acknowledged that the decision finishes the inquiry's work, though he said it had established "important new principles".
All of the evidence gathered during the inquiry, including Mr Curtin's computer and a report on its contents by British expert Martin Gibbs, will now be sealed and held in perpetuity by the Houses of the Oireachtas, he said, adding that the contents of Mr Gibbs' report, and his conclusions on the computer's contents, had never been seen by any member of the committee.
Charges of possession of child pornography against Mr Curtin were dismissed in April 2004 after it emerged that detectives had raided his Tralee home using a warrant that was a day out of date.
The Government began impeachment proceedings in June 2004 under Article 35.1 of the Constitution which provides for the removal of judges if they are found guilty of "stated misbehaviour".
Tánaiste and Minister for Justice Michael McDowell said Mr Curtin's resignation under Section 6 of the Courts (Establishment and Constitution) Act, 1961 is effective immediately.
The former judge will now go before a Department of Justice medical examiner to prove that he is permanently incapacitated, to qualify for his pension, but this is not expected to be refused.
"Under the Constitution, the pension entitlements of a judge are regulated by law.
"A judge who resigns owing to permanent infirmity may then apply for the payment of a reduced pension.
"This is a statutory entitlement to which he or she is objectively entitled and there is no provision for this pension to be refused once the infirmity is established.
"There is no question, however, of any payment over and above the statutory entitlement and this issue does not arise. No deal or arrangement has been made with Judge Curtin by the State," the Minister went on.
The fact that Mr Curtin has served for more than five years on the Circuit Court - even though he was suspended from hearing cases after he was charged - means that he can receive a pension immediately.
Under the rules, Mr Curtin, who is now aged 54, would have had to wait for slightly less than a decade to receive his pension if he had resigned before he had reached the five-year threshold.
The Oireachtas committee had been ready to hold two full weeks of hearings to listen to testimony from Mr Gibbs, an American law enforcement officer, Michael Mead, Garda officers and others.
Once finished, the committee had then intended to make a report to the Oireachtas, followed by a full hearing of the case against Mr Curtin in separate cases before both the Dáil and the Seanad.
