High Court refuses to entertain inquiry into legality of Simeon Burke's detention

Simeon Burke has claimed that his ongoing incarceration is unlawful and he applied for an inquiry under Article 40.4 of the Constitution into his continued detention at the Dublin prison. File photo: Sam Boal / RollingNews.ie

The High Court has declined to entertain an application for an inquiry into the legality of law student Simeon Burke's detention.

At a vacation sitting of the High Court on Tuesday morning, Mr Justice Mark Heslin said that he was not prepared to hear an application, brought by Mr Burke's sister Ammi Burke on behalf of her brother who is currently detained at Cloverhill Prison, on foot of an alleged breach of the peace following an incident at the Court of Appeal last month.

Mr Justice Heslin said the application should be made directly to the court by Mr Burke himself, who he said was not prejudiced by the court's decision. The court, he added, was not prepared to hear an application for an inquiry made by members of his family when there was another method available to bring such an inquiry before the High Court.

Ms Burke, a qualified solicitor, disputed the judge's findings and said that an application for an inquiry can be made on behalf of a prisoner by a third party such as a family member. It is one of several legally permitted methods under which such an inquiry can be sought, she said, and argued that it was "basic law".

Ms Burke went on to say that Mr Burke's application that his detention is unlawful and that he should be released is based on his contention that the District Court lacks the jurisdiction to hear the case against him. It is also alleged that he was wrongfully arrested, has been fundamentally denied justice and that the warrant detaining him in prison is also flawed.

Ms Burke also disagreed with the judge's contention that the judge's recommendation that Mr Burke apply directly to the court himself for an inquiry would not prejudice her brother. An application for an inquiry directly by her brother, she said, would take some time to complete and his trial is due to take place next week, she added.

However, Mr Justice Heslin said that he was neither hearing, determining nor opening the application for inquiry. Matters that had been raised before him by Ms Burke, he added, were matters for the trial before the District Court.

Mr Simeon Burke has been remanded in custody since his arrest over a month ago with consent to bail, which he has declined to take up. He is due back before the District Court later this week.

In the application, Mr Burke has claimed that his ongoing incarceration is unlawful and he applied for an inquiry under Article 40.4 of the Constitution into his continued detention at the Dublin prison.

The accused, a younger brother of secondary school teacher Enoch Burke, has pleaded not guilty to a breach of the peace offence in connection with outbursts in the Court of Appeal on March 7.

Simeon Burke, 24, a barrister-at-law Kings Inn student has refused to sign a bail bond with a condition to stay away from the Four Courts, where his brother is involved in a legal dispute with Wilson's Hospital School in Co. Westmeath.

Simeon Burke is 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. The offence carries a possible three-month custodial sentence.

Simeon Burke, with an address at Cloonsunna, Castlebar, Co. Mayo, denies the charges and the contested hearing is due to take place before the District Court on April 17. His case is due for mention on April 12 to confirm the hearing will proceed.