Law student Simeon Burke is lawfully detained on a public order charge and his trial on that charge next Monday can proceed, a High Court judge has ruled.
Mr Justice Brian Cregan, in a lengthy judgment on Friday evening, dismissed claims by Mr Burke that his arrest and detention following events at the Court on Appeal (CoA) on March 7th was unlawful and unconstitutional.
Mr Burke and members of his family were removed from the CoA by gardaí that day after disruption of the delivery of the CoA judgment dismissing teacher Enoch Burke’s appeal over orders requiring him to stay away from Wilson’s Hospital School pending a disciplinary process.
Simeon Burke declined to take up bail, arguing the process which led to his arrest and detention was unlawful.
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In his judgment on Friday following an inquiry sought by Mr Burke under Article 40 of the Constitution, Mr Justice Cregan said it “goes without saying” it was “disgraceful” the Burke family behaved in such a way in the CoA on March 7th.
It was “even more astonishing” that Ammi Burke, a qualified solicitor and officer of the court, and Simeon Burke, a graduate of the Kings Inns, should behave in such a way in any court.
Ms Burke’s conduct during the hearing of the inquiry into her brother’s detention was “completely unacceptable”, the judge said.
Mr Burke himself had refused to engage with his own inquiry and had constantly repeated the “mantra” the inquiry was not being conducted in accordance with law and the Constitution.
Mr Burke could walk out of jail this evening but said he could not do so because he is a man of principle, the judge said. The court found it difficult to see what principle he was standing on, he had no right to disrupt the business of the court.
He rejected Mr Burke’s claims he was not properly arrested. He held that both his arrest and detention was lawful, no excessive force was used and there was no conscious or deliberate violation of his constitutional rights.
About 12 gardaí had made statements about the events of March 7th and their evidence about the circumstances of the arrest and detention of Mr Burke told “a different story”, the judge said.
Mr Burke had been described as “highly aggressive” and “abusive” towards gardaí, to have made “obscene” statements about “transgenderism” and to have been “totally frantic” when a garda was attempting to handcuff him.
The garda evidence was they had complied with the law in their dealings with Mr Burke, the judge said.
It was “completely unacceptable” for Mr Burke to make “wild and unfounded” allegations the gardaí were telling lies. It was also completely unacceptable the gardaí were called to give evidence and then Mr Burke “simply refused” to cross-examine them.
Mr Burke, at his own request, was not in court for the ruling at 6pm on Friday and remained in another courtroom with a prison escort.
His parents, sister Ammi and brothers Isaac and Josiah, who were in court earlier, had absented themselves deliberately for the ruling, the judge was told.
Mr Burke has been in detention on remand in Cloverhill Prison since March 7th pending his District Court trial on Monday on the public order charge.
The inquiry, under Article 40 of the Constitution, opened on Thursday when Mr Burke made submissions over some three hours arguing he was entitled to an order for release.
Seamus Clarke SC, for the Governor of Cloverhill Prison, argued over some 45 minutes the detention was lawful.
When the inquiry resumed just after 10.40am on Friday, Ammi Burke made submissions for some two and a half hours arguing it was not being run as required by the Constitution.
She argued her brother had been disadvantaged in being “misdirected” into making his arguments first and maintained the Governor was obliged to go first to defend the detention.
The judge ruled against Ms Burke around noon but she persevered for a further hour with similar arguments, to the mounting exasperation of the judge.
Just after 1pm, the judge said that, in 30 years “in this business”, he had never seen a solicitor conduct themselves as she had and had never been “harangued” in such a fashion.
When the judge asked Simeon Burke about his position, Mr Burke said the Article 40 procedure was laid down under the Constitution and the judge’s duty was to follow it.
The judge said he was carrying out his duty and noted the Burkes’ had by then made the same complaint about the procedure some 34 times.
He told Mr Burke he is a student in the Kings Inns “and I have no doubt you have a great future as a barrister in front of you” but the inquiry must proceed as the court ruled.
When Mr Burke said the judge did not “get to change the Constitution”, the judge said judges of the High Court had a right and duty to interpret the Constitution and the inquiry would proceed.
The court rose until 2.15pm when the inquiry proceeded without any active participation by Mr Burke. When asked did he want to call or cross-examine witnesses, or make submissions, he repeatedly replied the inquiry was not in accordance with law and the Constitution.
The judge then watched CCTV footage of the events at the CoA on March 7th, including footage of Mr Burke being dragged out of the court and put into a Garda car.
The judge also heard evidence from Garda Conor O’Dwyer and Garda Michael McGrath, both attached to the Bridewell garda station, who were among the gardai involved in removing Mr Burke from the CoA.
Garda O’Dwyer said he asked Mr Burke “numerous” times to leave the courtroom but Mr Burke refused. He said he told Mr Burke outside he was arresting him on a charge under the Public Order Act and that Mr Burke was kicking and shouting and making “obscene” remarks about “transgenderism”.
Garda McGrath said removing Mr Burke was “a fairly tough task”.
Asked by Mr Clarke whether he ripped the buttons from Mr Burke’s shirt, Garda McGrath said it was “a very dynamic situation” with “little time for discussion”.
The level of force used was “proportionate to what we were meeting which was pure obstruction on a level I have rarely seen before”, he said.
