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LAST UPDATE | 14 Jan
ENOCH BURKE HAS been released from prison this afternoon after spending his fourth stint behind bars for breaching a court order to stay away from Wilson’s Hospital School.
High Court judge Brian Cregan, who jailed Burke before Christmas, today said the teacher could be freed to give him time to prepare a legal case he has taken against an appeals board that is deciding on whether his sacking was fair.
Burke has spent more than 500 days in prison arising from various contempt orders.
He has taken a new case against the three-member Disciplinary Appeals Panel (DAP), which last met before Christmas to decide on whether he was fairly dismissed from his job.
Counsel for the panel last week agreed in the High Court that the DAP would not meet again while it prepared a response, after Burke sought an injunction preventing the panel from holding any more meetings.
Burke argued in an affidavit against the inclusion of certain individuals on the panel, and claimed that aspects of December’s hearing damaged his prospects of winning his appeal.
Senior Counsel Padraic Lyons, acting on behalf of the panel, told the court last week that the matter could then be addressed later this month, and that no further steps would be taken by the panel until that happened.
In a new hearing today, Judge Brian Cregan – who returned Burke to prison for contempt of court – agreed to release Burke to give him time to prepare his case against the DAP.
The judge said Burke had raised “substantive” and “credible” issues against the panel, and was directing that Burke be released from prison for “one reason and one reason only, interest in the administration of justice” and so that he has time to prepare for his case against the DAP.
He said this was on the condition that Burke does not trespass on school property, and if he does, he directed that the school come to the High Court the next day and he will have “no hesitation in bringing him back to prison”.
After Judge Cregan directed his release, Burke said he did not believe the reasons given by him.
Judge Cregan said he did not accept the assertions by Burke and said he was “somewhat hamstrung” in preparing for the case while in prison.
While discussing various dates for the submission of affidavits, Burke indicated to the court several times that he would attend Wilson’s Hospital School when released.
“If I am released from this court today, I will be at my workplace tomorrow,” he said.
“If I am released from prison, my duty is to be at my workplace.”
The court maintained that Burke should be released, but said the case would be put in for mention on Thursday to deal with whether Burke attends the school.
Burke then accused the court of an “outstanding U-turn” and of hypocrisy by choosing to release him from prison.
Judge Cregan said: “Mr Burke, your ability to shoot yourself in the foot is unparalleled, in my experience.”
Contains reporting from Press Association.
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