Judge bans three Burkes from courts over their ‘indefensible behaviour’
Three members of Enoch Burke’s family have been banned from future hearings concerning the former teacher, after what a judge termed their ‘indefensible’ behaviour.
Judge Brian Cregan said Enoch’s mother Martina, sister Ammi, and brother Isaac could no longer physically attend any hearing relating to Enoch’s dismissal from his school.
‘The behaviour of the Burkes is indefensible and unacceptable in a court of law,’ the High Court judge said.
Enoch Burke’s sister Ammi, mother Martin and brother Isaac at the Teaching Council hearing. Pic: Colin Keegan/Collins Dublin
‘Their behaviour is an affront to the administration of justice and will not be tolerated any longer by the court.’
Giving his ruling, he explained: ‘The reason I was considering such an order was because in every single case involving Enoch Burke, these members of the Burke family (and others) have behaved disgracefully, repeatedly interrupting court proceedings, refusing to obey directions of the court, refusing to keep quiet, shouting at the court and their opponents, and refusing even to leave the court when directed to do so by the court.
‘This has resulted in the court having to request the gardaí to remove them from the court on repeated occasions.’
Isaac, Ammi, and Martina Burke. Pic: Seán Dwyer
Judge Cregan said the Burkes had raised objections to his proposed ban, including saying the court did not have the power to exclude them.
The judge responded: ‘There is no doubt that since courts have come into existence, they have the power to ensure that their proceedings are not persistently disrupted by protesters. This includes the power to remove such persons from the court and to exclude them from further hearings.’
He said it was vital for society that order be maintained in a courtroom.
Enoch Burke’s brother Isaac, mother Martina and sister Ammi leaving the Teaching Council hearing. Pic: Colin Keegan/Collins Dublin
‘Secondly, the constant disruption of proceedings, the refusal to accept court rulings and an insistence on continuing to speak when the matter has been determined by a judge, is not only rude and inconsiderate, but also often amounts to simple bullying,’ he said.
When carried out in a concerted manner, it was menacing and intimidatory, he added.
The Burkes also submitted that the constitutional requirement that justice be administered in public, meant they had a constitutional right to attend the court.
‘I do not agree with the submission,’ the judge ruled, explaining the clause ‘does not give any individual member of the public an entitlement to cause enormous disruption to the case before the court, or to shout at judges, and at opposing counsel’.
He said the exclusion of certain individual members of the public does not mean the hearing is not being conducted in public.
‘All cases involving Mr Burke will continue to be heard in public as before,’ he said.
The Burkes will be allowed to attend remotely. Judge Cregan said the Burkes argued they needed details of the conduct alleged against them, so they could defend themselves.
‘Given they themselves have created these interruptions and disturbances, they are well aware of all of them,’ he observed. ‘These interruptions are co-ordinated and concerted.
‘If one member of the Burke family is not able to attend, other members of the Burke family take their place and, instead of listening to what is happening in the proceedings, they seek to interject themselves in the proceedings, and to cause a disruption.
‘I have lost count of the number of times I have directed Mrs Martina Burke, Ms Ammi Burke and Dr Isaac Burke not to interrupt hearings and/or not to make representations and/or to sit down.’
He said he had just as frequently asked them to leave the courtroom, or directed gardaí to remove them. The judge added that he had to ask Enoch’s father Seán Burke, brother Simeon and sister Jemima to leave the court.
The judge noted he had previously found Martina and Ammi Burke guilty of contempt of court and sentenced them to two weeks’ imprisonment.
‘I had thought that the period of imprisonment might bring about a halt to their interruptions, but it did not,’ he said.
He also cited the incident in which gardaí removed members of the Burke family from the Court of Appeal, after which Seán Burke was convicted of assaulting a female garda.
‘The idea that these three members of the Burke family are not aware of the conduct which is the subject matter of this decision is simply ridiculous,’ he said.
Judge Cregan said he could understand litigants becoming annoyed or angry ‘in the heat of battle’.
However, most people would quickly apologise to the court for their behaviour after they have calmed down, the judge said, but the Burkes were the exception to this.
He said that they had clearly attempted to bully barristers for Wilson’s Hospital School and the Disciplinary Appeal Panel, by calling them liars, shouting them down or ‘barracking’ them.
‘Any time anyone says anything with which they disagree, members of the Burke family interject, complain, heckle or shout abuse at them.
‘It is an extraordinary degree of intolerance and inability to listen to the other side,’ Judge Cregan said.
Any breach of the courtroom ban will be treated as a contempt of court, the judge concluded.
