Simeon Burke has breach of peace conviction overturned

Simeon Burke has today won his appeal against his District Court conviction for a breach of the peace at the Four Courts in Dublin last year.

Judge John Martin said there was insufficient evidence the barrister had committed a criminal offence at the hearing of his brother Enoch’s case.

Mr Burke (25) was fined €300 last July after his conviction under Section 6 of the Public Order Act which says it is an “offence for any person in a public place to use or engage in any threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may be occasioned”.

His conviction was quashed by Judge Martin who said he did not think Gardaí had proved the “requisite standard” for a criminal conviction.

“I have heard evidence that he strongly resisted [gardaí] and was obstructing them and was crying terms concerning transgenderism and that gardaí should deploy their resources to other parts of the city,” said Judge Martin.

“Does it reach the criminal standard? I am afraid it doesn’t and I am allowing the appeal,” the judge said.

During the hearing of Enoch Burke’s case at the Four Courts, Simeon Burke was dragged by gardaí out of the building and onto Inns Quay before being arrested.