A statement by the Plaintiffs on the ruling of Mr Justice Groarke in Burkes v NUI Galway delivered 22 November 2021
We are shocked and dismayed at the judgment of Mr Justice Groarke delivered this morning.
In his judgment, Mr Justice Groarke made an extremely serious finding in relation to the alleged drawing of a cheque on 28 February 2014. This finding is wholly incorrect. In an extraordinary move, Mr Justice Groarke then proceeded to base his decision on this and other errors of fact.
As we sat in the Court we were shocked and dismayed to hear the Judge state that we had drawn a cheque on 28 February 2014 and that we had concealed this fact from the Court all along. But no cheque was ever drawn on that date. The cheque the Judge is referring to was drawn two months later on 28 April 2014. The difference in timing is crucial, as the Judge has used this incorrect finding to rule that we misled the Court – a ruling which is entirely incorrect.
When Isaac Burke informed the Court of this error of fact this morning, Mr Justice Groarke refused to listen and immediately ordered that Mr Burke be removed from the courtroom. We were then locked out of the courtroom as the remainder of the judgment was delivered.
The Court has made extremely damaging findings about our conduct as a result of this. Our characters and good names have been wrongly called into question.
The proper determining of the facts is crucial to the question of religious discrimination in this case.
We are alarmed that the Court would base its entire decision on an error of fact.
This is a travesty of justice.
We cannot and do not accept findings of the Court that are based upon errors of fact.
A further statement on our intentions will be made in due course.
