Case No. 2705Assault (assaulting a garda) · Co. Dublin · 7 Mar 2023

Sean Burke jailed for two months over assault on garda in Court of Appeal

Sean Burke, in his 60s, was sentenced to two months in prison for assaulting Gda Victoria Fisher in the Four Courts on 7 March 2023 after refusing to sign a peace bond. His daughter Ammi Burke, 33, was cleared of obstructing a garda during the same courtroom incident.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court9 Dec
  5. Verdictnot reported
  6. Sentenced17 Dec
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
40 statements extracted from the articles
  • whatSean Burke does not recollect throwing a female garda to the ground (irishtimes.com)
  • whatAmmi Burke is a qualified solicitor (irishtimes.com)
  • whatAmmi Burke pleaded not guilty to obstructing a garda who arrested her brother Simeon Burke (irishtimes.com)
  • whatThe CoA ruled that the school's action against Enoch Burke was not about transgenderism (irishtimes.com)
  • whatThe court rose twice and the three CoA judges left the bench following interruptions or shouting from the Burkes (irishtimes.com)
  • whatGardaí removed Ammi Burke and then Simeon Burke, who was holding on to benches, before bringing Martina Burke out (irishtimes.com)
  • whatSean and Ammi Burke argue there was no order or legal power to remove them from the court (irishtimes.com)
  • whatSean Burke said he did not see Garda Fisher due to the height disparity between them in a narrow, congested aisle (irishtimes.com)
  • whatGarda Fisher told the court that Sean Burke put his hand on her and flung her down against a radiator, causing bruising and pain (irishtimes.com)
  • whatOther gardaí told Judge Munro they witnessed Sean Burke knocking her down (irishtimes.com)
  • whatSean Burke rejected the assault allegation outright and said he would not consciously treat a garda like that (irishtimes.com)
  • whatSean Burke assaulted Gda Victoria Fisher in the Four Courts on 7 March 2023. (irishtimes.com)
  • whatGda Fisher was grabbed, knocked down and hit a radiator, resulting in bruising. (irishtimes.com)
  • whatSean Burke refused to sign the peace bond and was ordered to serve the sentence. (irishtimes.com)
  • whatSean Burke represented himself in the proceedings. (irishtimes.com)
  • whatAmmi Burke, 33, won her appeal and was cleared of obstructing a garda. (irishtimes.com)
  • whatAmmi Burke had earlier been fined €400 and convicted of obstructing a garda by putting her hand on him for a few seconds. (irishtimes.com)
  • whatThe Court of Appeal delivered a ruling telling Enoch Burke that the action taken by the school against him was not about transgenderism. (irishtimes.com)
  • whatThe court rose twice and the three Court of Appeal judges left the bench following interruptions or shouting from the Burkes. (irishtimes.com)
  • whatMr Justice George Birmingham warned the Burkes to be quiet or they would be removed, and warned them eight to 10 times. (irishtimes.com)
  • whatGardaí removed Ammi Burke to calm her down, then Simeon who was holding on to benches, before bringing their mother Martina Burke out. (irishtimes.com)
  • whatA bench was knocked over during the incident. (irishtimes.com)
  • whatSean and Ammi Burke argued they should not have been charged because there was no order or legal power to remove them from the court. (irishtimes.com)
  • whatThe officers had a duty to restore order following several interruptions by members of the Burke family. (irishtimes.com)
  • whereThe incident took place in the Four Courts (irishtimes.com)
  • whereThe Burkes are from Cloonsunna, Castlebar, Co Mayo. (irishtimes.com)
  • courtSean and Ammi Burke were found guilty at Dublin District Court on 9 May 2024 (irishtimes.com)
  • courtThe District Court heard evidence from 11 Garda witnesses (irishtimes.com)
  • courtThe District Court applied the Probation of Offenders Act in Sean Burke's case, sparing him a recorded conviction (irishtimes.com)
  • courtThe appeal was heard before Judge Ronan Munro over two days (irishtimes.com)
  • courtThe hearing continued into Monday evening at Cloverhill Court in Dublin (irishtimes.com)
  • courtJudge Munro told the Burkes he would deliver his judgment on 17 December (irishtimes.com)
  • courtEmer Ní Chuagain BL was prosecuting (irishtimes.com)
  • courtSean Burke was initially given the Probation of Offenders Act at District Court in May 2023. (irishtimes.com)
  • courtFollowing a three-day District Court Appeals hearing, Judge Ronan Munro convicted Sean Burke. (irishtimes.com)
  • courtJudge Munro said he had a reasonable doubt that Ammi Burke had directly obstructed the arrest of her brother. (irishtimes.com)
  • sentenceAmmi Burke was convicted and fined €400 to be paid within 12 months (irishtimes.com)
  • sentenceThe offence carries a maximum six-month sentence and €1,500 fine. (irishtimes.com)
  • sentenceJudge Munro imposed a two-month sentence. (irishtimes.com)
  • sentenceThe judge would suspend the sentence on condition the accused keep the peace and be of good behaviour for one year. (irishtimes.com)

The reporting

newest first
  1. 17 Dec2024
    Enoch Burke’s father Sean jailed for courtroom assault on garda

    Covers Sean Burke's conviction and two-month sentence for assaulting a garda in the Court of Appeal, his refusal to sign a peace bond, and his daughter Ammi Burke's successful appeal against an obstruction charge from the same incident.

    convicted, Sean Burke, 60s, male, named, irish (judged from name)Sean Burkevictim, Victoria Fisher, female, irish (judged from name)Victoria Fishersuspect, Ammi Burke, 33, female, named, irish (judged from name)Ammi Burkesuspect, Simeon Burke, 25, male, named, irish (judged from name)Simeon Burkesuspect, Martina Burke, female, named, irish (judged from name)Martina Burke
  2. 9 Dec2024
    Enoch Burke’s father tells court he does not recall throwing female garda to the ground

    Details of the two-day appeal hearing at Cloverhill Court where Sean Burke denied the assault and Ammi Burke disputed the obstruction charge; background on the original District Court convictions and the CoA ruling on Enoch Burke's case; judgment expected 17 December.

    victim, Victoria Fisher, female, irish (judged from name)Victoria Fisheraccused, Sean Burke, 60s, male, named, irish (judged from name)Sean Burkeaccused, Ammi Burke, 33, female, named, irish (judged from name)Ammi Burkeaccused, Simeon Burke, 25, male, named, irish (judged from name)Simeon Burkeaccused, Martina Burke, female, named, irish (judged from name)Martina Burke