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GSOC granted access to recordings of court 'melee' during Enoch Burke hearing

Summary

The Court of Appeal has granted the Garda Síochána Ombudsman Commission (GSOC) access to audio recordings of a disturbance during a March 7, 2023, hearing involving Enoch Burke. Mr Justice John Edwards, delivering the judgment, stated that disruptive conduct by attendees constituted part of the court proceedings and that the recordings serve as a contemporaneous record. The court rejected Enoch Burke's arguments that releasing the files would breach his privacy rights or constitute covert surveillance, noting he provided no evidence of private conversations. GSOC is investigating alleged assault causing harm by gardai, following complaints from Simeon Burke and Ammi Burke regarding their treatment during the incident. Simeon Burke was previously convicted of a Public Order Act offence for threatening and abusive behavior near the Four Courts. The court emphasized that the expectation of respectful conduct extends to the environs of the building before and after judges arrive. Mr Justice Edwards dismissed Burke's claims as emotive, asserting that those who disrupt proceedings have no expectation of privacy. The court also granted Mr Burke access to the ambient recordings released to GSOC. The decision underscores the court's power to control its processes and ensure decorum, describing the administration of justice as a solemn process fundamental to the rule of law.

Who, what, where, when and why

What: Report matter: GSOC granted access to recordings of court 'melee' during Enoch Burke hearing. Procedural stage: appeal

When:

• March 7, 2023 Hearing Or Sentence
• March 7th Incident
• 2024-04-12 Publication

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

Places mentioned

Topics

Public Order Stage Appeal Violent Crime

Read the original CNI report