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Thread: NUI Galway. Allegations of bullying, victimisation and financial irregularities.

  1. #16
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    Default Re: NUI Galway. Allegations of bullying, victimisation and financial irregularities.

    NUI Galway sought to back out of the case at the last minute. Burkes said "F-OFF! Yer a shower of rotten ***** and we will see you in court!"

    Well......OK...maybe they did not phrase it quite like that, but the message was the same.

    Kick off about 10 tomorrow morning in the Galway Circuit Court. Should be interesting.

    The Burkes are pressing ahead with their case
    NUI Galway has lifted a lifetime ban on four Christian students in advance of a Circuit Court hearing next week. The University banned Isaac Burke, Kezia Burke, Enoch Burke and Ammi Burke for life from all student societies on 10 November 2014. The Burkes are pursuing a case against NUI Galway, alleging discrimination on the grounds of religion.

    The Burkes received notice of the lifting of the ban by letter dated 31 May 2019 from solicitors for NUI Galway. Separately, the University also made an open offer to the Burkes that they would seek no order as to costs against them in the event that the Burkes withdrew their claims.

    The Burkes have rejected the offer and are pressing ahead with their case. Speaking today on behalf of the four Plaintiffs, Enoch Burke said, “It has been over 4 years and 6 months since we were banned for life from societies at NUI Galway. Now, on the eve of the court hearing, that ban has been lifted. The University should never have imposed this ban in the first place and we are pressing ahead for justice.”

    The Circuit Court hearing is listed for 3 days at Galway City Courthouse, Tuesday 18 June to Thursday 20 June.
    Above from here: https://burkebroadcast.com/2019/06/1...-before-court/



    Case is getting some international attention: https://twitter.com/jordanbpeterson/...95337898008577

  2. #17
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    Default Re: NUI Galway. Allegations of bullying, victimisation and financial irregularities.

    Just catching up with this court case now and it seems that shortly after kick off the Judge in the case made two elementary mistakes [not claiming to be fact, just expressing my opinion].
    Firstly she underestimated the determination and ability of the plaintiffs and secondly she started talking, in this case from the bench, before her brain was engaged.

    After being informed by the NUG team that NUG had, in their magnanimity lifted the lifetime ban she wondered out loud whether this “would render the whole thing moot”.

    Well, going by the reports that is when the craic really got going. The Burkes called for the Judge to recuse herself and the Judge refused and started going and coming and going again until much much later the proceedings petered out. Not knowing what, if anything had been decided the Burkes waited until some Gardaí strong-armed them out the back door.

    Just as an aside, and nothing to do with this case, is anyone else here old enough to remember the "Carry On" films?

    Well back to the subject. Here is the Video the Burkes released after the case.

    I ask you to ignore the easy option of focusing on their awkward style and listen to the points raised. I think they are valid.




    Here is a written account of the court case from the Burkes point of view:

    The hearing of Burkes v NUI Galway began at 10:30am Tuesday with Judge Petria McDonnell presiding. Clíona Kimber SC, Counsel for NUI Galway, spoke near the outset, noting that NUI Galway had lifted the lifetime ban on the Plaintiffs (the Burkes). At this point, Judge McDonnell questioned or commented on whether the lifting of the lifetime ban “would render the whole thing moot” (i.e. render the proceedings unnecessary). The Plaintiffs immediately raised an objection to the Judge’s comment, as her words suggested that she had prejudged the case. The Judge then rose for five minutes. Upon her return, the Plaintiffs asked Judge McDonnell to retract and apologise for her comment. Judge McDonnell refused to do either.

    The Plaintiffs then stated that they had no confidence in Judge McDonnell’s ability to judge the case impartially. They asked the Judge to recuse herself from the proceedings to which she refused. The proceedings were then adjourned until 2pm.

    At 2pm, the Plaintiffs repeated their request that Judge McDonnell retract and apologise for her comment. The Judge again refused to do either and repeated her refusal to recuse herself. The hearing descended into chaos with the Judge alternatively stating, “I will be here tomorrow morning”, “happy to have it re-listed”, “the case is ceased”, and “the case will be adjourned generally … I can’t do that…”. At one point, the Judge left and immediately re-entered the courtroom. She eventually left the courtroom leaving the Plaintiffs with no idea as to the status of the proceedings. A clerk then advised NUI Galway’s legal team to return at 4pm. The Plaintiffs did not receive any instructions.

    At 4pm, Judge McDonnell re-entered the courtroom. She was again asked by the Plaintiffs to recuse herself. The Judge stated that she was “placing a stay on the proceedings pending the outcome of the Plaintiffs’ recusal application”. She left the courtroom giving no indication as to when the parties would be notified. The Plaintiffs stayed in the courtroom, waiting for a decision on the matter of recusal. At around 5.30pm, they were pushed out the back door of the courthouse by members of the Gardaí and the building was locked. One of the Gardaí remarked to the Plaintiffs that they would “not be getting any publicity out of this”.

    The proceedings are now in limbo. There is no clarity as to when they will resume.
    Above from here: https://burkebroadcast.com/2019/06/1...ria-mcdonnell/

  3. #18
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    Default Re: NUI Galway. Allegations of bullying, victimisation and financial irregularities.

    Application to High Court to have Judge Petra Kelly removed from the case:


  4. #19
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    Default Re: NUI Galway. Allegations of bullying, victimisation and financial irregularities.

    Well one thing is now beyond doubt, when the Burkes say they are going to do something they sure as hell gonna do that something.

    They have lodged a very well reasoned submission with the Justice Minister, Equalities Watchdog and a Parliamentary Committee.

    Unfortunately I suspect that no matter how strong and well argued their case is they will get no justice unless there develops a strong and supportive public campaign, and that in Ireland today is most unlikely.
    Still, I wish them success and admire their courage and determination.





    In their submission they not only bring up the matter of the Judge referring to their case as "moot" and demolish the Judges reasoning (if any reasoning was employed) but also challenge other questionable behavior by the Judge.


    However the Plaintiffs have other concerns in relation to the conduct of the Judge on 18 June 2019, including:


    1.In opening remarks on 18 June 2019, Judge McDonnell stated that she had only read the first two pages of the Plaintiffs’ 57-page submission to the Court. She took exception to certain key parts of the Plaintiffs’ submission to the Court. She refused to permit the Plaintiffs to open their case by setting out the basic legal principles in relation to an Equal Status claim.

    2.Judge McDonnell was slow to receive up a copy of the Plaintiffs’ Book of Authorities and Book of Core Documentation/Evidence and only begrudgingly accepted them in Court.

    3.Judge McDonnell questioned the need for the Plaintiffs to present the section of their submissions that related to their religious beliefs. Critically, in opening remarks the Judge did not make any reference to the religion ground or religious dimension of the claims before her.

    4.Judge McDonnell sought to place restrictions on the Plaintiffs’ right to argue their case. She suggested in opening remarks that the Plaintiffs would be required to present their case from the witness box. She seemed to indicate that the Plaintiffs would not be allowed to make submissions and arguments at the counsel table.

    5.The certified Circuit Court Orders received by the Plaintiffs on 24 June 2019 were backdated to 18 June 2019. The content of these orders (see above) does not correspond to what was actually pronounced in open Court at the close of the hearing on 18 June 2019. The Judge did not in fact rule conclusively on the recusal request that afternoon but rather left the proceedings in a state of limbo “pending the outcome of the Plaintiffs’ recusal application”.The question therefore arises as to whether these orders are proper and correct orders of the Circuit Court.

    Elsewhere in the submission they say:

    Judge Petria McDonnell is familiar with the nature and extent of the proceedings in Burkes v NUI Galway. On 31 October 2018, she presided over a preliminary hearing in Burkes v NUI Galway that lasted for a full day at Galway Circuit Court.

    In her judgement issuing from that hearing, she made reference to“the timing, the severity and the duration of [the lifetime ban] and its significant impact on the complainant[s]”.

    The only logical conclusion that can be drawn from the facts is that Judge Petria McDonnell may have sought to mislead the Plaintiffs, an unrepresented party, regarding the merits and scope of their case. This is extremely serious. That a member of the judiciary, sworn to administer justice “without fear or favour”, may have sought to exploit the ignorance of an unrepresented party is unacceptable and contrary to all accepted standards of judicial conduct.

    Be Jazus they better not find themselves in front of an Irish beak for a VERY long time. They tend to stick together like you-know-what to a blanket.

    If you want to find the full submission you can read it here:

    https://burkebroadcast.com/2019/07/0...deth-afar-off/
    Last edited by eamo; 29-07-2019 at 05:16 PM.

  5. #20
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    Default Re: NUI Galway. Allegations of bullying, victimisation and financial irregularities.

    Heading for the High Court.

    You never know, they might just succeed. I hope they do.


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