GSOC has been granted access to a court's backup audio recording system as part of its investigation into allegations made by members of Enoch Burke's family.
The complaints were made to the Garda watchdog after Enoch, his parents, brothers Isaac and Simeon and sister Ammi were removed from a hearing last year.
Enoch objected to GSOC’s request for access to the backup audio recording on a number of grounds, including his claim that it was a breach of his privacy.
He also claimed the use of this so-called ambient recording amounts to unlawful overt surveillance.
Enoch Burke with his sister Ammi, brother Isaac and his mother Martina leaving the High Court in Dublin, 28-3-23. Image: Leah Farrell/RollingNews.ieIn order to establish what, if anything, was said after the court rose on March 7th last year, GSOC argued it was incumbent on them to seek out the evidence as they investigate allegations of assault causing harm made by some members of the Burke family against members of An Garda Síochána who were in court that day.
In its judgement today, the court decided it did have jurisdiction to make the order and also ruled that it would be appropriate and proportionate to do so.
GSOC investigators now be able to listen to the ambient recording from the moment the judges rose that day to when the courtroom was cleared.
