Irish Independent

Gsoc to get recordings of Burke ‘melee’ that led to arrest of brother

People who cause court disruption­s cannot expect privacy, says judge

- EOIN REYNOLDS

The Garda ombudsman has been 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.

Delivering the judgment of the three-judge Court of Appeal yesterday, Mr Justice John Edwards said “disruptive and disrespect­ful conduct by some persons attending court” on March 7, 2023, had caused the court to rise and abandon delivery of its judgment.

He said that conduct continued after the court had risen and “represente­d an uninterrup­ted continuum of unacceptab­le behaviour”.

Judge Edwards said the expectatio­n of respectful conduct “does not begin precisely with the arrival of a judge or judges onto the bench and end with a judge or judges’ departure from the bench”. He added that the expectatio­n extends “in the environs of the building where the court is sitting, both before and after the judge or judges arrive onto and leave the bench”.

He said the behaviour of those in court should be regarded as “part of the proceeding­s before the court on that day” and therefore the recording of that conduct “constitute­s a contempora­neous record of those proceeding­s”.

Enoch Burke, who was brought to court by prison officers from Mountjoy Prison, had stated that the recordings amounted to “covert surveillan­ce” and to release them would be a breach of his privacy rights and legislatio­n protecting personal data.

The court rejected Mr Burke’s arguments, saying he had shown no evidence that he was engaged in any private or confidenti­al conversati­on at the time. The court also pointed out that personal data may be used for the prevention, detection and prosecutio­n of crimes.

The judge had also warned before delivering judgment that if there were “any interrupti­on from any quarter”, the court would rise and the judgment would be delivered electronic­ally.

Mr Burke was a respondent before the Court of Appeal in an applicatio­n by the Garda Síochána Ombudsman Commission (Gsoc) which sought access to digital audio recordings of a previous appeal court hearing involving Mr Burke on March 7 last year.

During those proceeding­s, a “melee” arose when members of the Burke family began shouting and were forcibly removed by gardaí.

Arising from that, Enoch’s brother Simeon Burke (24) was arrested and later convicted of an offence under the Public Order Act for engaging in threatenin­g, insulting and abusive words and behaviour on or about the Four Courts.

Both Simeon Burke and his sister Ammi Burke have made a complaint to Gsoc about their treatment by gardaí on that occasion. Gsoc is carrying out an investigat­ion into alleged assault causing harm by gardaí.

As part of its investigat­ion, Gsoc asked the appeal court to release recordings of what happened after the court had risen. It has previously been explained an “ambient” recording system remains on at all times, even if the court is not sitting. It exists in case the official audio recording system fails or is inadverten­tly switched off.

After Mr Justice Edwards granted Gsoc’s applicatio­n, Mr Burke rose to say that he was “appalled” by the court’s decision. He also asked for access to the ambient recordings that are to be released to Gsoc, which was granted.

In his judgment, Mr Justice Edwards said that the administra­tion of justice is a “solemn process fundamenta­l to any form of governance based upon respect for the rule of law”.

He added: “Formality, procedures, ritual and decorum in court proceeding­s are important because they serve to emphasise the solemnity and gravity of what is taking place and the importance of the decisions being taken.”

The courts, he said, are entitled to control their own processes and have the power to ensure that they are shown the “necessary respect”.

He said he has “no doubt” the court has the power to intervene in the present case. He said the “disruptive and disrespect­ful conduct by some persons attending the Court of Appeal”, which caused the court to rise and abandon delivery of its judgment in March last year, “represente­d an uninterrup­ted continuum of unacceptab­le behaviour which is properly to be regarded as part of the proceeding­s before the court on that day”.

The court further found that Gsoc has sought the recordings for the legitimate purpose of investigat­ing a serious allegation of criminal misconduct by members of the force and that the release of the recordings is therefore warranted.

He dismissed Mr Burke’s “emotive” argument that the recordings amount to “covert surveillan­ce”.

The judge said that anyone who disrupts court proceeding­s can have “no expectatio­n of privacy”.

“It represente­d an uninterrup­ted continuum of unacceptab­le behaviour” Judge John Edwards

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