President of High Court warns disruptive behaviour in court will not be tolerated

It comes after the Attorney General said that Enoch Burke and the other members of his family are not to be prosecuted over their repeated disruption of court proceedings

Mr Justice David Barniville said: 'Disruptive conduct threatens the effective management of court business, the progress of cases and the safety and welfare of judges, registrars and other court officers, officials and staff, lawyers and litigants alike.' File photo: Sam Boal/Collins Photos

The President of High Court has issued a warning to those who disrupt court proceedings that it will not be tolerated.

Mr Justice David Barniville, in a special notice issued by the Courts Service, said if public confidence in the administration of justice is to be maintained, it is “paramount that the authority of the court is respected”. 

The move comes a day after the Attorney General Rossa Fanning told the High Court in the Enoch Burke case that the jailed teacher and no other members of his family are to be prosecuted as of this time for criminal contempt over their repeated disruption of court proceedings.

However, Mr Barniville said that given the increasing incidents of disruptive behaviour, it cannot be expected that the court will exercise “the type of tolerance for such behaviour as may have been exercised up to now”. 

He said following consultation with the President of the Court of Appeal, he had decided that in light of the increasing number of incidents of extremely disruptive and, on occasions, violent conduct in court by some litigants and their supporters, it was necessary to issue the notice.

He said those involved in such conduct risk facing contempt of court and potentially other criminal proceedings. He added a similar notice will be issued by the President of the Court of Appeal.

Mr Justice David Barniville said: “Disruptive conduct threatens the effective management of court business, the progress of cases and the safety and welfare of judges, registrars and other court officers, officials and staff, lawyers and litigants alike.

"The court has a duty to protect the integrity of proceedings and ensure the proper administration of justice and the safety of all those involved in the courts system.” 

He said the purpose of the notice was to identify some of the more common examples of disruptive behaviour by certain litigants in person and their supporters and some of the ways in which such disruptive conduct can and will be dealt with by the court when it arises.

He added:

Given the increasing incidents of these types of disruptive behaviour, it cannot be expected that the court will exercise the type of tolerance for such behaviour as may have been exercised up to now.

He said where a person disrupts court business, there are a range of orders the court may make under the Rules of the Superior Courts and under its inherent jurisdiction.

The judge said there are other orders which may be sought by persons adversely affected by such disruptive behaviour (including orders made under the court’s criminal and civil contempt of court powers). 

Criminal proceedings may also be brought. The objective, Mr Justice Barniville said, is to ensure that all proceedings are conducted fairly, safely and efficiently, while protecting the rights of all participants.