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LAST UPDATE | 15 Jan
ENOCH BURKE HAS returned to Wilson’s Hospital School, a day after a High Court judge warned him against breaching a court order to stay away from the Co Westmeath school.
Burke was released from Mountjoy Prison yesterday following an order from Mr Justice Brian Cregan. He arrived at the school this morning and was prevented from entering the grounds by private security.
In the High Court today, Rosemary Mallon, a barrister representing the school’s board of management, made an application for short service of fresh attachment and committal proceedings against the teacher.
As part of her application, she submitted an affidavit to the court that Burke had trespassed a “number of feet past the gate”, breaching a previous court order for him not to enter the school’s grounds.
She said the school’s principal, Noel Cunningham, had confirmed by email that Burke had arrived at the school at 9.30am and supplied a photo of him standing past the walls of the school.
Judge Cregan told the court he had made it “clear as crystal” yesterday that Burke should not return to school.
Cregan, who had jailed Burke before Christmas, said yesterday 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 from the school was fair.
However, the decision was made on the basis that Burke would not attend the school and that he would be brought back to prison if he did.
Counsel for the school’s board of management said that Wilson’s Hospital School finds itself in the “invidious position” of Burke having returned to the grounds around 24 hours after he was released from prison.
She said a group of protesters with placards and flags who were also at the school on Thursday morning made it difficult for some teachers to access the school, but emphasised the school was not suggesting Burke was responsible for them.
Judge Cregan noted they had a right to protest outside the school, but Mallon said some of them did go past the walls, trespassing on school grounds.
She also said that without Burke’s presence, it would be “highly doubtful” there would be a protest.
Burke will now be informed via his personal email of the application by the school to return him to prison, and another court date has been set to hear the matter on Friday afternoon, which could see him sent back to jail.
Burke has already spent more than 500 days in prison arising from various contempt orders for breaching an injunction that requires him to stay away from Wilson’s Hospital School.
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.
With reporting from Press Association
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