Enoch Burke’s father guilty of assaulting female garda in courtroom
Sister Ammi also found guilty of obstructing an officer during ‘commotion’ in court
THE father of jailed teacher Enoch Burke has been found guilty of assault after a trial heard he ‘flung’ a female garda to the ground behaving ‘like a red rag to a bull’ after his wife was escorted out of court.
Seán Burke’s daughter Ammi Burke was found guilty of obstructing a garda during the same ‘commotion’ on March 7 last year at the Four Courts.
Mr Burke, in his 60s, denied assaulting Garda Victoria Fisher at the Court of Appeal. Ammi, 33, a qualified solicitor, pleaded not guilty to obstructing a garda who arrested her brother Simeon outside the building. That day Enoch Burke was involved in a legal dispute before the Court of Appeal over transgenderism and his sacking by Wilson’s Hospital School in Co. Westmeath.
Seán and Ammi Burke faced a mammoth non-jury hearing before Judge Michèle Finan at Dublin District Court on Thursday, which continued from just after midday until nearly 11pm and heard evidence from 11 garda witnesses.
Judge Finan found the pair guilty of the charges, which carry a maximum sentence of six
‘I hit the wall and radiator’
months’ imprisonment for the assault, and one year for obstructing an arrest.
Judge Finan applied the Probation Act in the case of Seán Burke, sparing him a recorded conviction. However, she convicted Ammi Burke and imposed a fine of €400, to be paid within 12 months.
Ms Burke told the court she does not intend to pay and that she would appeal the verdict.
Both father and daughter, of Cloonsunna, Castlebar, Co. Mayo, conducted their own defence and contended that the Court of Appeal did not make a valid order to remove them from the proceedings. Mr Burke also claimed that the garda was knocked over by accident.
Last year, Enoch Burke’s brother Simeon, then studying to become a barrister at King’s Inns, was fined €300 at Dublin District Court. He had been convicted of threatening, insulting, and abusive behaviour after Enoch’s proceedings on March 7, 2023, but he was subsequently cleared on appeal. His father and sister contended that Simeon’s acquittal strengthened their defence.
Garda Fisher told prosecution counsel Emer Ní Chúagáin that at around 3pm she came over from the Bridewell Garda Station to assist colleagues who had been instructed to clear the courtroom after a disturbance.
Martina Burke, Enoch Burke’s mother, was holding onto a bench before being escorted out, and a colleague alerted Garda Fisher to ‘watch your back’. Garda Fisher said she looked over her shoulder ‘and I could see Sean Burke coming toward me shouting “get out of my way and leave my wife alone”’. She alleged he put a hand on her left shoulder and ‘flung me, and I hit the wall and radiator’, and she could not believe what had happened.
She said her ribs were sore and she was in total shock and pain and upset. She saw a doctor back at the station and was advised to take painkillers. That evening, she took pictures of inflammation on the side of her body, and those images were tendered as exhibits in the hearing.
Cross-examined by Mr Burke, she agreed there was congestion and commotion. However, when that defendant put it to her that he was following his wife out the door, she replied: ‘You were shouting “get out of my way”, and I turned, and you put your hand on my shoulder and said “leave my wife alone” and kept saying “get out of my way”. I had no interaction with your wife. You just came through me.’
Garda Fisher later told Mr Burke: ‘No man should put his hands on a woman.’
Mr Burke suggested that if she fell, it was an accident and it was ‘completely inadvertent’, but she disagreed and said he had been aggressive and shouting.
Garda Fisher said that earlier on, she had escorted Ammi Burke out of the building and that the accused fell, but she helped her get back up. An RTÉ news clip of that was shown during the hearing. Ms Burke described it as a shocking experience for her.
Garda Amy Murtagh testified that Mr Burke pulled Garda Fisher, who fell against a radiator. Garda Murtagh recalled her colleague looked shocked and had tears in her eyes, but didn’t cry.
Garda Anthony Hutton alleged Mr Burke ‘lunged’ at Garda Fisher and shoved her into a ‘radiator against the wall and she slumped down’. Garda Hutton described it as ‘like a red rag to a bull situation’. The garda believed the accused ‘had a vendetta against anyone in his way’.
CCTV footage was shown of members of the Burke family escorted from the courtroom but there was no footage of the alleged assault.
Other gardaí told the court they were shouted at when they went to deal with the family. Garda Patrick Hynes said that when he was arresting Simeon Burke, Ammi reached over his shoulder and grabbed his right arm. He alleged she forcibly tried to remove his hands, and he had to push her away. He said he asked her to stop and was shocked by her attempt to free Mr Burke from his grip. Ms Burke said she believed Simeon had been unlawfully arrested.
In her comments, Judge Finan said Mr Burke was reckless trying to get to his wife but there was no justification for shoving the garda. She noted he had no prior criminal convictions and said that if it had not been a case of recklessness he would be facing a custodial sentence. She thought that people had ‘lost the run of themselves’ at that time. She told him she was leaving him without a criminal record because of his previous good character,.
Judge Finan noted Ammi Burke’s occupation and that a conviction was a serious matter for her, and the height of evidence was that she went over to a guard and put her hand on him.
Usually, she said, she would ask for a charitable donation but she did not think the accused was disposed to that. Ms Burke said: ‘You’re asking me to donate in a circumstance where there were unlawful activities of gardaí; it would be wrong.’
Judge Finan then finalised the case and recorded a conviction and fined Ms Burke.
‘Like a red rag to a bull’