Dad of jailed teacher Enoch Burke found guilty of assault after he ‘flung’ garda to ground | KO47C80 | 2024-05-12 00:08:01
Dad of jailed teacher Enoch Burke found guilty of assault after he 'flung' garda to ground | KO47C80 | 2024-05-12 00:08:01
THE father of jailed teacher Enoch Burke has been found guilty of assault after a trial heard he grabbed and "flung" a female garda to the ground "like a red rag to a bull"
The melee came after his wife was escorted out of the Court of Appeal (CoA), a court heard.
Enoch's sister Ammi Burke was found guilty of obstructing a garda during the same "commotion" on March 7 last year at the Four Courts.
Sean Burke, who is in his 60s, denied assaulting Bridewell Garda Victoria Fisher at the CoA in the Four Courts.
His daughter Ammi Burke, 33, a qualified solicitor, pleaded not guilty to obstructing a garda who arrested her brother Simeon on the same date just outside the building.
The two Burkes, of Cloonsunna, Castlebar, Co Mayo, conducted their own defence in the district court.
They contended the appeal court did not make a valid order to remove them from the proceedings.
Sean Burke also claimed that the garda was knocked over by accident.
They faced a non-jury hearing before Judge Michele Finan at Dublin District Court yesterday, which ran from just after midday until nearly 11 pm, and heard evidence from 11 Garda witnesses.
In her evidence, Garda Fisher claimed Mr Burke put a hand on her left shoulder and "flung me, and I hit the wall and radiator".
Garda Amy Murtagh described it as "like a red rag to a bull situation".
Judge Finan found them guilty of the charges, which carry a maximum sentence of six months imprisonment for the assault, and one year for obstructing an arrest.
Finalising the case, Judge Finan applied the Probation of Offenders Act in the case of Sean Burke, sparing him a recorded conviction.
FINE
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.
The incident happened as the Court of Appeal delivered its judgment dismissing Enoch Burke's appeal against orders directing him to stay away from Wilson's Hospital School in Co Westmeath where he worked.
Disciplinary proceedings began against Burke after he publicly challenged the then headteacher at a school event about a request to call a student by a different name and use they/them pronouns.
An appeal by Burke against his subsequent sacking by the school has still not been heard.
Last year, Enoch's brother Simeon, then a law student in King's Inns, was fined €300 at Dublin District Court.
He had been convicted of threatening, insulting and abusive behaviour on the same day. However, he was subsequently cleared on appeal.
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