Simeon Burke is to remain in prison, having again refused to accept bail, a week after he was charged over outbursts in the Court of Appeal.
Simeon Burke (24), a barrister-at-law Kings Inn student, had been arrested following chaotic scenes where gardaí had to intervene in the Four Courts after a judgement was handed down in his brother Enoch Burke’s case on March 7th.
Members of the Burke family had been there to support the teacher who awaiting a ruling on his unsuccessful appeal against the High Court orders refraining him from attending Wilson’s Hospital School in Co Westmeath.
Gardaí arrested Simeon, with an address at Cloonsunna, Castlebar, Co Mayo and brought him to the Bridewell Garda station.
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He was charged with a Public Order Act offence for engaging in threatening, insulting and abusive words and behaviour at the Court of Appeal. He had refused to take up station bail on the evening of his arrest, resulting in gardaí bringing him before Judge Paula Murphy at 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 take up the bail and refused to sign the bond.
He had told the presiding District Court judge that the Court of Appeal was trying “to shove transgenderism down the throats of the people”, and he demanded 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 week.
He faced his second hearing when he appeared before Judge Cephas Power at Cloverhill District Court on Tuesday.
His mother Martina, sister Ammi, father Sean, and brother Isaac supported him in court and sat in the front row of the public gallery.
Ammi moved to the stand beside the dock as Simeon, dressed in a dark suit, was brought in clutching a bundle of files.
Court Garda Sergeant Olwyn Murphy handed over the disclosure of prosecution evidence to Mr Burke.
Ammi, a solicitor, told the court that while her brother was representing himself, she was his legal adviser and he wished to make an application that would only take a moment.
Judge Power said it was not a day for applications but to indicate if he was pleading guilty.
Simeon Burke then addressed the court, saying his arrest was “unlawful”, to which the judge replied, “That is a matter for the hearing, Mr Burke.”
Mr Burke said he needed to be allowed to speak because he was incarcerated and reiterated his claim that the arrest was unlawful. He contended that the power and reason for it, the factual and legal basis, had not been explained to him in ordinary language.
He said he went to the Court of Appeal and was “attacked by gardaí”.
Exams
Judge Power asked him to stop, said it was clear Mr Burke would not listen, and told him he was adjourning the matter.
Ammi Burke said Simeon was making an unlawful arrest and imprisonment application, but the judge replied that he was putting the case back for two weeks.
Simeon told the court that he was being deprived of his liberty and four or five gardaí had attacked him.
He pleaded with the court to hear his application saying he was prevented from sitting an exam in Kings Inns. “I have barrister-at-law exams. I’m not being allowed to take them,” he said.
Judge Power remanded him in continuing custody with consent to bail to appear again on March 28th to set his hearing date.