Mr Burke challenged the position on the basis that Ms O’Brien had not resigned and argued the DAP was still in existence. Mr Justice Cregan struck out the proceedings, and ordered Mr Burke be liable for the day’s costs. Padraic Lyons SC, for the DAP, said Mr Burke may normally be entitled to expenses as a lay litigant. It was at this point that Mr Burke did not follow Mr Justice Cregan’s order for him to sit down and he was returned to Mountjoy Prison. Mr Justice Cregan said matters relating to unfairness “fall away” because a new panel will have to be appointed.

Source: The Herald February 20, 2026 19:34 UTC