AMMI AND MARTINA Burke have applied to overturn a High Court judge’s finding that they were in contempt of court, which led to the pair being jailed for two weeks.

Judge Brian Cregan found the pair in contempt of court and ordered them to prison for two weeks each in early March.

The judge made the finding after the pair were physically removed from his courtroom on 20 February during proceedings involving Enoch Burke and a disciplinary panel that is deciding on whether he was fairly dismissed by Wilson’s Hospital School.

Ammi and Martina Burke were subsequently arrested on foot of the order while visiting Enoch at Castlerea Prison on 31 March and were released earlier this week.

Appearing in the Court of Appeal today, Ammi Burke told Judge Senan Allen that she and her mother were applying to overturn the finding that they were in contempt on two grounds.

Ammi and Martina Burke claim that Judge Cregan showed a lack of impartiality when dealing with them and argued that there was ”a question of bias” against them.

They are also claiming that there were “serious deficiencies” in fairness and due process in their case.

They have argued that they were not able to obtain a digital audio recording (DAR) of the 20 February hearing, when they were removed from court by Judge Cregan, that was later relied upon by the judge in deciding whether they were in contempt of court.

Judge Senan Allen today asked Ammi Burke who the respondent party in their appeal should be, because there was not currently one listed.

“Obviously it’s up to you and in the court’s hands who is the correct respondent,” Ammi Burke said.

The judge replied: “It is and it isn’t. You can choose and I tell you later if you’re right or wrong, which isn’t terribly satisfactory.”

Ammi Burke and Judge Allen then agreed that the Attorney General and the Director of Public Prosecutions would be named as respondent parties, and would be given until 15 May to file their responses.

The case was adjourned until that date.

Contempt of court

The contempt findings relate to proceedings on Friday 20 February, in a case brought by Enoch Burke against members of the Disciplinary Appeals Panel (DAP) that was deciding whether he was unfairly dismissed by Wilson’s Hospital School.

When Rosemary Mallon, counsel for the board of management of Wilson’s Hospital School, read a letter in which O’Brien had given an undertaking not to appear on a future iteration of the DAP, Enoch, Martina and Ammi Burke began interrupting.

Ammi and Martina claimed that “the panel is still in existence” and that “Geraldine O’Brien is still on the panel” and had not resigned.

Judge Cregan said in his ruling last month that he found this behaviour “astonishing” and that shouting by the pair was “so loud and vociferous that I simply could not be heard” when directing the court to rise.

He said that even when he left the court after ordering Martina and Ammi Burke be attached to the case for contempt of court charges, he could continue to hear “continuous shouting and roaring as they were removed”.

The judge said the interruptions amounted to a “paradigmatic case of contempt of court”.

He said it was clear that members of the Burke family, including Enoch, Ammi and Martina, believed “that they are above the law and that the law does not apply to them”.

“There comes a time when the court must then move to consider contempt of court proceedings against them,” he said.

“That time is long overdue.”