The Garda Ombudsman was granted permission to listen to audio recordings of a courtroom skirmish that occurred during a hearing related to Enoch Burke’s conflict with Wilson’s Hospital School. Mr Justice John Edwards, delivering the Court of Appeal’s verdict, stated that some individuals’ unruly and disrespectful actions had caused the court to adjourn its judgement. This misbehaviour was deemed to be a continuous flow of intolerable actions and it was agreed they should be seen as part of that day’s court proceedings, thereby allowing the recording of such conduct.
Enoch Burke, escorted to the court from Mountjoy Prison by prison officers, opposed the release of these recordings, arguing they were a covert form of surveillance and a violation of his privacy rights and personal data protection laws. However, the court dismissed Burke’s objections. They found no indication that he was engaged in any private or confidential discussion during the incident and noted that personal data might be utilised for activities like preventing, detecting and prosecuting crimes.
The judge cautioned beforehand that any disruptions would result in delivering the judgement virtually. Burke found himself as a respondent in the Court of Appeal in a case led by the Garda Síochána Ombudsman Commission (Gsoc) who wanted access to digital audio recordings of a previous appeal court hearing involving Burke.
During that hearing, a heated confrontation took place when Burke’s family members started shouting and had to be forcibly escorted out of the court by local police. As a result, Enoch’s brother, Simeon Burke, was arrested and later found guilty of a public order offence for engaging in threatening, insulting and abusive words and behaviour around the Four Courts at Inns Quay.
Simeon and his sister Ammi Burke lodged a complaint with Gsoc about their treatment by the police on that occasion, leading Gsoc to launch an investigation into claims of assault inflicted by police force members.
Part of Gsoc’s probe involved requesting the Appeal Court to disclose post-court-rise recordings. Prior revelations have indicated that a constant “ambient” recording system operates even when court activities cease. This is to ensure uninterrupted recording in case the main sound recording system encounters an issue or is accidentally turned off.
Upon approval of Gsoc’s request by Mr Justice Edwards, Mr Burke stood up in an expression of his shock at the court’s verdict. Additionally, he requested permission to access the ambient recordings set to be issued to Gsoc, a request that was given the green light by Mr Justice Edwards.