Case No. 6121Public order offence; alleged assault causing harm (GSOC investigation) · Co. Dublin · 7 Mar 2023

Garda Ombudsman granted access to recordings of court melee at Enoch Burke hearing

On 7 March 2023 a melee broke out in court at the Four Courts, Inns Quay, Dublin, during a hearing linked to Enoch Burke's dispute with Wilson's Hospital School, and gardaí forcibly removed members of the Burke family. Simeon Burke, a 24-year-old man, was arrested and later convicted under the Public Order Act, and Simeon and Ammi Burke, a woman, complained to GSOC about their treatment by gardaí, which GSOC is investigating as alleged assault causing harm. On 12 April 2024 the Court of Appeal, in a judgment by Mr Justice John Edwards, granted the Garda Síochána Ombudsman Commission access to audio recordings of the melee and rejected Enoch Burke's argument that they were covert surveillance.

  1. Reported
  2. Arrested
  3. Charged
  4. In court
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
A melee broke out during a hearing related to Enoch Burke's dispute with Wilson's Hospital School, after members of the Burke family began shouting and were forcibly removed by gardaí.
Where
The incident took place in court at the Four Courts, Inns Quay, Dublin, on or about that address.
When
The disruptive conduct occurred in court on 7 March 2023.
Cause
The judge said disruptive and disrespectful conduct by some persons attending court caused the court to rise and abandon delivery of its judgment.
Other details
  • The Court of Appeal described the conduct as continuing after the court rose, an uninterrupted continuum of unacceptable behaviour.
  • The victim is named as Ammi Burke, a woman, and the suspect as Simeon Burke, a 24-year-old man.
Investigation
  • Simeon Burke and Ammi Burke made complaints to GSOC about their treatment by gardaí.
  • GSOC is investigating alleged assault causing harm by members of the Garda Síochána.
Charges
Simeon Burke was arrested and later convicted of an offence under the Public Order Act arising from the incident.
In court
  • On Friday 12 April 2024 a three-judge Court of Appeal, delivering judgment through Mr Justice John Edwards, granted GSOC access to audio recordings of the court melee.
  • The court rejected Enoch Burke's argument that the recordings were covert surveillance, finding no evidence he was engaged in private or confidential communications.
  • The court found GSOC sought the recordings for the legitimate purpose of investigating a serious allegation of criminal misconduct by gardaí.
  • The court held that the behaviour in court was part of the proceedings, so the recording constitutes a contemporaneous record of those proceedings.
17 statements extracted from the articles
  • whatA melee arose when members of the Burke family began shouting and were forcibly removed by gardaí. (irishmirror.ie)
  • whatThe Garda Ombudsman was granted access to audio recordings of a court melee that broke out during a hearing related to Enoch Burke's dispute with Wilson's Hospital School. (irishtimes.com)
  • whatMembers of the Burke family began shouting and were forcibly removed from the court by gardaí. (irishtimes.com)
  • whereSimeon Burke's Public Order Act conduct occurred on or about the Four Courts, Inns Quay. (irishmirror.ie)
  • whenThe court melee took place during a hearing on March 7, 2023. (irishmirror.ie)
  • whenThe disruptive conduct occurred in court on March 7th, 2023. (irishtimes.com)
  • causeThe judge said disruptive and disrespectful conduct by some persons attending court caused the court to rise. (irishmirror.ie)
  • investigationSimeon Burke and Ammi Burke made complaints to GSOC about their treatment by gardaí. (irishmirror.ie, irishtimes.com)
  • investigationGSOC is investigating alleged assault causing harm by members of the Garda Síochána. (irishmirror.ie)
  • investigationGSOC is investigating alleged assault causing harm by members of the force. (irishtimes.com)
  • chargeSimeon Burke was arrested and later convicted of an offence under the Public Order Act. (irishmirror.ie, irishtimes.com)
  • courtThe Garda Siochána Ombudsman Commission was granted access to audio recordings of the court melee. (irishmirror.ie)
  • courtThe Court of Appeal rejected Enoch Burke's argument that the recordings were covert surveillance. (irishmirror.ie)
  • courtA three-judge Court of Appeal delivered the judgment on a Friday. (irishtimes.com)
  • courtThe court rejected Enoch Burke's argument that the recordings were covert surveillance. (irishtimes.com)
  • courtThe court found GSOC sought the recordings for the legitimate purpose of investigating a serious allegation of criminal misconduct by gardaí. (irishtimes.com)
  • courtThe judge said there was no evidence that Enoch Burke was engaged in private or confidential communications during the recordings. (irishtimes.com)

The reporting

newest first
  1. 12 Apr2024
    Garda ombudsman granted access to recordings of court ‘melee’ at Enoch Burke hearing

    Reports a Court of Appeal judgment granting GSOC access to recordings of the March 2023 melee, with the court rejecting Enoch Burke's privacy arguments. It also gives the outcome for Simeon Burke, who was convicted under the Public Order Act, and notes the GSOC investigation into alleged assault by gardaí.

    convicted, Simeon Burke, 24, male, named, irish (judged from name)Simeon Burkevictim, Ammi Burke, female, irish (judged from name)Ammi Burke
  2. 12 Apr2024
    Enoch Burke 'appalled' as GSOC gets access to 'melee' recordings

    Reports the Court of Appeal ruling giving GSOC access to ambient recordings of the March 2023 court melee, and that Simeon Burke was convicted of a Public Order Act offence arising from it. Also states that Simeon and Ammi Burke complained to GSOC about garda treatment.

    convicted, Simeon Burke, 24, named, irish (judged from name)Simeon Burkevictim, Ammi Burke, irish (judged from name)Ammi Burke