His family have also avoided a criminal charge.
A judge is expressing his “disappointment and surprise” the State has decided not to prosecute four members of the Burke family for contempt of court.
The Attorney General was asked to consider bringing cases against Enoch Burke; his mother, Martina; sister Ammi; and brother Isaac, for persistent courtroom disruptions.
After careful consideration, the Attorney General, Rossa Fanning SC, told Mr Justice Brian Cregan today that he would not be pursuing criminal contempt of court proceedings.
To do so in relation to Enoch Burke would serve “no practical purpose,” he explained.
“Because he is already imprisoned for civil contempt.”
He has also decided not to prosecute Martina, Ammi, and Isaac Burke because of the high threshold required to prove such cases in a criminal court.
He also pointed to alternative remedies, including removing disruptive individuals from court or prosecuting for failure to comply with garda directions to leave.
He said the Burke litigation had already consumed a disproportionate amount of court time, to the disadvantage of other litigants, and warned that criminal contempt proceedings would add further strain to an already overburdened system.
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