Courts / Ireland / Report

Burke family members protest outside court after exclusion from appeal

Date
2024-01-15
Stage
Appeal

Summary

The Court of Appeal heard an appeal involving members of the Burke family, including Enoch Burke, who is currently in Mountjoy Prison. Enoch Burke, along with his parents, sister Ammi, and brother Isaac, protested outside the Criminal Courts of Justice building after being excluded from the hearing due to their failure to provide undertakings not to interrupt proceedings. Enoch Burke was only allowed to participate via video-link after failing to make an undertaking to accept court rulings and not to be argumentative. He denied that he or his family had ever disrupted proceedings, stating they are law-abiding and respect the law. Enoch Burke is a respondent in an application by the Garda Ombudsman Commission (Gsoc) for access to digital audio recordings of a previous court hearing involving him on March 7th last year. During that hearing, a 'melee' occurred when members of the Burke family began shouting and were forcibly removed by gardai. Simeon Burke (24), Enoch's brother, was arrested and later convicted under the Public Order Act for engaging in threatening, insulting, and abusive behavior. Both Simeon and Ammi Burke have made complaints to Gsoc regarding their treatment by gardai on that occasion. Eoin Lawlor BL, representing Gsoc, applied for the release of recordings made after the court had risen, arguing that the evidence may be probative of innocence or guilt. Enoch Burke, representing himself, objected to the application, stating that 'proceedings' refers to the period when the court is in session and that the ambient recording system is only a backup. Mr Justice Edwards, sitting with Mr Justice Patrick McCarthy and Ms Justice Tara Burns, thanked all parties for their 'excellent submissions' and reserved judgment, saying the court had a 'lot to think about'.

Who, what, where, when and why

What: Report matter: Burke family members protest outside court after exclusion from appeal. Procedural stage: appeal

When:

Why: It has previously been explained that an "ambient" recording system remains on at all times, even when the court is not sitting. CNI source report

Case subjects

Ammi Burke

Applicant

Outcome: Mr Justice Edwards, sitting with Mr Justice Patrick McCarthy and Ms Justice Tara Burns, thanked all the parties involved for their "excellent submissions" and reserved judgment, saying the court had a "lot to think about".

Both Simeon

Applicant

Outcome: Mr Justice Edwards, sitting with Mr Justice Patrick McCarthy and Ms Justice Tara Burns, thanked all the parties involved for their "excellent submissions" and reserved judgment, saying the court had a "lot to think about".

Enoch Burke

Applicant

Outcome: Mr Justice Edwards, sitting with Mr Justice Patrick McCarthy and Ms Justice Tara Burns, thanked all the parties involved for their "excellent submissions" and reserved judgment, saying the court had a "lot to think about".

Simeon Burke

Background Person

Outcome: Mr Justice Edwards, sitting with Mr Justice Patrick McCarthy and Ms Justice Tara Burns, thanked all the parties involved for their "excellent submissions" and reserved judgment, saying the court had a "lot to think about".

Places mentioned

Court Venue
  • Court of Appeal
Facility
  • Mountjoy Prison
  • Wilson's Hospital

Topics

Public Order Stage Appeal

Read the original CNI report

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