Tuesday, March 14, 2023

The brother of Enoch Burke has been further remanded in custody during a sitting of Cloverhill District Court.

Simeon Burke, 24, from Cloonsunna, Castlebar, Co Mayo, appeared before the Cloverhill District Court charged under Section 6 of the Public Order Act.

Mr Burke was charged with threatening and abusive behaviour following disturbances at his brother Enoch’s Court of Appeal hearing last week.

At Tuesday’s hearing at the Cloverhill District Court, Simeon Burke said he was representing himself and his sister Ammi was present as a “legal adviser”.

He attempted to make a disclosure on the basis that his arrest was unlawful.

Judge Cephas Power said this would be a matter for trial as the Burkes continued to speak.

“I need to be allowed to speak. I am being incarcerated, and the arrest is unlawful,” Mr Burke said.

Mr Burke said when someone is arrested they need to be told the reason for the arrest and the legal basis for the arrest.

“If that is not done, the arrest is not valid,” he said.

Mr Burke said he was attacked by gardai and never told why he was being arrested.

“I am being deprived of my liberty on the basis of an unlawful arrest,” he said.

He said four or five gardai had attacked him and dragged him out of the courtroom.

Ms Burke said he should be allowed to make his disclosure.

Mr Burke said he was being detained while he had upcoming barristers’ exams.

He was remanded in custody with consent to bail and Judge Power said the matter would return on 28 March.

Judge Power said bail was available to Mr Burke if he wanted to take it up.

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