A brother of sacked school teacher Enoch Burke has pleaded not guilty to a breach of the peace in connection with outbursts in the Court of Appeal.
Simeon Burke, 24, a barrister-at-law Kings Inn student, told Judge Cephas Power at Cloverhill District Court, “We are not in North Korea, judge, where you can be thrown in a cell and not be told what you have done”.
He remains in custody, and said on Tuesday that he should have been sitting his drafting exams at Kings Inns, as he demanded a speedy trial and accused gardaí of lies. He will learn his hearing date on Wednesday.
The student had been arrested following chaotic scenes, where gardaí intervened in the Court of Appeal in the Four Courts after a judgement was handed down in teacher Enoch Burke’s case on March 7th.
Simeon Burke and his family had been there to support his brother, awaiting a ruling on his unsuccessful appeal against High Court orders restraining him from attending Wilson’s Hospital School in Co Westmeath.
Gardai arrested Simeon, with an address at Cloonsunna, Castlebar, Co Mayo and brought him to the Bridewell Garda station.
He was charged with a breach of the peace, under the Public Order Act, for engaging in threatening, insulting and abusive words and behaviour at the Court of Appeal.
However, he had refused to take up bail on the evening of his arrest, resulting in gardaí bringing him before a late sitting of Dublin District Court. There was no objection to bail set at €200, requiring no lodgement, but with a condition to stay away from the Four Courts.
However, the student would not accept that and refused to sign the bond, claiming that the Court of Appeal was trying “to shove transgenderism down the throats of the people”, and he called for a halt to his prosecution.
As a result, he was remanded in custody with consent to bail and has remained in prison for the past three weeks.
Dressed navy suit, white shirt and blue tie, he was supported in court on Tuesday by his father, Sean, who watched from the front row of the public gallery and waved to his son.
Mr Burke had been provided with a disclosure of a summary of prosecution evidence two weeks ago, and his case was listed on Tuesday to enter a plea.
Standing and facing the judge, he complained that prosecution disclosure was “15 lines, 15 sentences” and “a made-up story” and claimed that gardaí had fabricated evidence against him. He said it was “lies that I was insulting, lies that I was abusive, lies that I was aggressive in court”.
‘Manifestly unlawful’
He maintained his arrest was manifestly unlawful and the power of arrest had not been explained to him.
“We are not in North Korea, judge, where you can be thrown in a cell and not be told what you have done,” he said, adding that his detention was unlawful and that it was the gardaí who were insulting and abusive, and his shirt had been ripped open and expletives were used toward him.
Simeon Burke also claimed it was gardaí who had “broken the law” and flung him into a cell and left him injured with wounds on his hands and bruising on his body, requiring medication for the pain.
When he finished, Judge Power said, “From that, I take it you are pleading not guilty”.
Mr Burke confirmed his not guilty plea and said he was innocent and ready to face the case.
The judge heard there would be five prosecution witnesses and asked how long the defence case would last.
“As long as it takes to expose the lies,” Simeon Burke answered.
Judge Power ordered him to appear before Dublin District Court on Wednesday when he will be given his hearing date.
The judge reminded him there was consent to bail, but he must sign the bond.
Nevertheless, Simeon Burke maintained his remand in custody was “blatantly unlawful”.