Father of Enoch Burke to face trial for alleged assault of garda

ireland
Father Of Enoch Burke To Face Trial For Alleged Assault Of Garda
Sean Burke faces a charge under section two of the Non-Fatal Offences Against the Person Act, categorised as a minor crime only dealt with at the District Court level. Photo: Collins.
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Tom Tuite

The father of jailed teacher Enoch Burke will face trial in May accused of assaulting a female garda during an incident at the Four Courts last year.

Sean Burke, of Cloonsunna, Castlebar, Co Mayo, made his second appearance at Dublin District Court on Wednesday.

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He faces a charge of assaulting Garda Victoria Fisher at the Four Courts on March 7th, 2023, which he denies.

The incident allegedly occurred on the day his son Enoch was involved in a legal dispute before the Court of Appeal (CoA) over his sacking by Wilson's Hospital School in Co Westmeath.

Sean Burke faces a charge under section two of the Non-Fatal Offences Against the Person Act, categorised as a minor crime only dealt with at the District Court level.

However, a conviction can result in a fine and a six-month jail sentence.

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Earlier this month, Mr Burke, representing himself, indicated he would contest the case, which was adjourned until Wednesday to confirm his plea and set a later hearing date if required.

A State solicitor said it had been expected that the contested hearing would take place in February, but there was a witness availability issue and a new date was required.

Mr Burke told the court: "I am anxious to proceed."

The judge said it would be heard on May 9th and asked how long it would last. The State solicitor thought the case could take half a day, but Mr Burke replied, "I don't think it could take half a day," adding, "an hour, maybe two".

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Judge Finan said it would likely be an hour and a half. A summary of prosecution evidence was handed over to Mr Burke in court at his prior appearance, and the prosecution provided further disclosure to him in court on Wednesday.

Mr Burke said he had received CCTV "from outside the courtroom" and asked if there would be further physical or documentary evidence.

Adjourning the case, Judge Finan advised him to study the evidence furnished so far and correspond with the prosecution if he required additional disclosure. He could also apply to the court for an order if he was seeking further CCTV footage from the prosecution.

No evidence concerning the events on the date of the alleged offence was heard.

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Enoch Burke, who taught history and German, has spent more than 200 days in Mountjoy Prison after the secondary school teacher defied a High Court order to stay away from his former workplace.

Last April, one of his brothers, Simeon Burke, then a barrister-at-law student in Kings Inns, was fined €300 at Dublin District Court.

He had been convicted of breach of the peace after Enoch Burke's proceedings on March 7th. That offence carries a possible three-month sentence.

Simeon Burke (24) had denied the Public Order Act offence of engaging in threatening, insulting and abusive words and behaviour on or about the Four Courts, Inns Quay, Dublin.

Finalising the case, the presiding judge had noted he had spent 41 days in custody on remand in the run-up to his hearing after repeatedly refusing to sign a bail bond with a condition to stay away from the Four Courts.

That conviction remains under appeal.

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