ENOCH BURKE HAS been ordered to provide the High Court with a statement of his means within three weeks, as a judge considers further measures to recover outstanding fines the former teacher owes to the courts.

Judge Brian Cregan also modified a recent order he made for Burke’s arrest and imprisonment so that it will only apply if he appears at or within 100 metres of Wilson’s Hospital School.

Burke was ordered back to prison for a sixth time earlier this month after continuing to breach a High Court injunction not to trespass at Wilson’s Hospital School.

The court heard at the time that Burke had trespassed for a total of 15 days since the start of the school year, following his most recent release from prison in July.

As a result of those trespasses, Judge Cregan today imposed a further €30,000 in fines on Burke, bringing his outstanding fines to €238,268.18.

Burke has not appeared at the school since the order for his arrest was made.

In the High Court this morning, the judge directed Burke to file details of his income, expenses, assets and liabilities within 21 days.

He also said he was considering making a garnishee order, which would redirect salary or other money payable to Burke towards his outstanding court fines.

Judge Cregan said he was not making that order today, but gave Burke 21 days to make submissions on the proposal. If none were made, he said he would make the order.

Burke did not appear at today’s hearing, despite the court hearing that he had responded on Wednesday to correspondence from solicitors for the school’s board of management.

Counsel for the board, Rosemary Mallon, also told the court that Burke had appeared remotely and made submissions at a separate hearing on Wednesday concerning a judicial review he is seeking to challenge a Disciplinary Appeals Panel decision to uphold his sacking.

Arrest order

The High Court ordered Burke’s arrest and committal to Mountjoy Prison two weeks ago after finding that he had repeatedly breached an injunction preventing him from trespassing at the school.

However, Mallon told the court today that the order had not yet been executed.

“To date there has been no arrest and committal of Mr Burke,” she said.

She added that Burke had not attended the school at any point since the order was made, and noted that gardaí had visited his family’s home on at least two occasions without arresting him, which she told the court she was basing on footage she had seen on social media. 

Mallon said the order for Burke’s attachment had been sent to garda stations in Castlebar, where he lives, and Mullingar, near to Wilson’s Hospital School.

She also said the Bridewell Garda Station beside the Four Courts in Dublin had been notified ahead of Wednesday’s judicial review hearing, at which Burke appeared remotely.

During a discussion about enforcing the order, Mallon said Burke could be arrested anywhere, but that gardaí did not have a warrant to enter premises where they believed he was.

She said she was not seeking such a warrant today, as that would require submissions to the court.

Mallon said her instructions were to ensure that Burke did not trespass at the school.

“He can walk down the street, he can live in his house at Castlebar,” she said.

Judge Cregan said gardaí “shouldn’t be wasting valuable resources” finding Burke and amended the order so that he would only be arrested and committed to Mountjoy if he appeared at or within 100 metres of the school premises.

“The next time Mr Burke appears at the school and seeks to trespass, it’s up to the school to notify gardaí who will come and attach him,” he said.

Mallon described the change as “the best solution” for all parties, “including, in fairness, to Mr Burke”.

Car ownership

The court also considered an earlier order for the sequestration, or seizure, of the car that has been used to bring Burke to the school on days when he has trespassed this year.

The court heard that Burke attended the school again on 13 October.

The order to seize the car had been stayed until today’s hearing.

Mallon said Burke emailed the solicitors for the school’s board of management on Wednesday stating that he did not own a vehicle and that the car was not his.

She told the court today that the board had not claimed that he owned it.

“The question then arises, who owns it? Do we know who owns it?” Judge Cregan asked.

The court heard that neither the board nor the receiver appointed in connection with Burke’s salary had established the car’s ownership.

Judge Cregan said he was considering appointing the receiver to carry out the sequestration, but counsel for the receiver Niall Ó hUiginn said he needed to take instructions first.

The judge asked Ó hUiginn to make inquiries about identifying the vehicle’s owner, including whether that information could be obtained from the Motor Taxation Office.

He said that if the vehicle belonged to someone else, questions could arise about whether that person was aiding and abetting contempt of court.

The issue was adjourned for one week, with costs reserved.

Burke has previously spent more than 700 days in prison across five separate periods of imprisonment for contempt of court. He was most recently released on 1 July after the school year ended.

A permanent injunction preventing him from entering the school grounds without the board’s consent remains in place.

Burke maintains that the dispute arises from his religious opposition to an instruction to address a transgender student by their preferred pronouns.

Judges have repeatedly said his imprisonment concerns his refusal to obey court orders to stay away from the school.