Courts / Mayo / Report

GSOC refused audio tapes in Simeon Burke case, as court notes 'covert recording' concerns

Date
2023-07-21

Stage
Appeal

Primary locality
Castlebar

County
Mayo

Summary

A Court of Appeal judge has refused the Garda Ombudsman Commission access to ambient audio recordings made during a court incident at the Four Courts in Dublin. The recordings relate to an investigation into garda conduct during a disruption at the Court of Appeal in March when Simeon Burke, aged 24 and resident in Castlebar, County Mayo, was arrested. Burke was subsequently convicted of a public order offence arising from threatening, insulting and abusive words and behaviour. Mr Justice John Edwards declined GSOC's application, citing concerns that the ambient recording system operated without the awareness of those present, potentially amounting to covert audio recording. The judge identified further issues including data protection rights and questions of jurisdiction over the recordings. He noted that the Courts Service, rather than the court itself, may be the appropriate data controller. While not closing the door to a renewed application, Mr Justice Edwards indicated GSOC would need to produce evidence that the ambient system was actually functioning at the time.

Who, what, where, when and why

What: Report matter: GSOC refused audio tapes in Simeon Burke case, as court notes 'covert recording' concerns. Procedural stage: appeal

When:

March 7 Incident
2023-07-21 Publication

Why: Mr Justice Edwards today explained that the purpose of the ambient system is to record proceedings in case somebody forgets to turn on the main Digital Audio Recording (DAR) system. CNI source report