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School will ask for Enoch Burke to be jailed if he disrupts State exams or shows up next year

A judge also described the teacher as “an unruly schoolboy” in court today.

WILSON’S HOSPITAL SCHOOL has said it will ask to have Enoch Burke returned to prison if he disrupts State exams in June or turns up at its premises again next year.

The High Court heard today that Burke has continued to cause “significant disruption” and has been physically present at Wilson’s for all but two days since 7 March – the date a receiver was appointed to collect almost €80,000 in fines that Burke owes the State.

The former teacher has accumulated the fines for continuing to show up at the Co Westmeath school, in breach of court orders to stay away from its premises.

Enoch Burke was described by a judge as “an unruly schoolboy” in court today when he refused to address an application for costs, while two members of the Burke family were also removed from the courtroom by gardaí after they shouted over the judge. 

In an affidavit heard earlier by the court, Wilsons’ acting principal said he hoped that the collection of fines would make Burke obey court orders to stop turning up at the school.

However, he said that Burke had continued to defy the orders every day for the past month, except for a staff training day on 14 March and when the case was last before the High Court on 18 March.

He also told the court that Wilson’s would exercise as much legal restraint as possible in relation to Burke, but that it would only do so within reason.

He said that if Burke escalated his disruption during the 30 days left in the current year, or if he disrupts the State exams in June or the next academic year, the board of the school will take action to prevent him from doing so “with great reluctance”.

Burke previously spent more than 500 days in prison for contempt of court for refusing to obey the court’s orders.  

In March 2023, after Burke had turned up at the school multiple times upon his release during school holidays, a judge ordered him to pay €700 for every day that he did not comply with the court order. 

This was increased to €1,400 a day last December, the last time that Burke was released from prison; when the case returned in January, Wilson’s made no application to have him returned to jail.

The court heard that €1,500 has been collected to date since the appointment of a receiver, while around €40,000 has also been taken from Burke’s bank account.  

Burkes removed from court

Today’s High Court hearing also heard applications by counsel for Wilson’s and the Attorney General for Enoch Burke to pay their legal costs.

Senior counsel for the Attorney General Brian Kennedy said he had been required to appear before the court a number of times between December and March to deal with the appointment of a receiver to collect fines from Burke.

Barrister Rosemary Mallon for Wilson’s Hospital School also asked for costs in her favour because she was required to appear before the court as a result of Burke’s actions.

Judge David Nolan asked Burke to explain why costs should not be awarded against him.

Burke said his decision to turn up at the school was “not a protest” and he claimed that he had been interrupted during his last appearance before the court.

Judge Nolan told Burke to focus “entirely on the issue of costs”, before Burke shouted over him and began referring to a provision under Article 44 of the Irish Constitution about the freedom for citizens to practice their religion.

“All of that is behind us, Mr Burke. There is an injunction in place [...] and you’re trespassing on the premises,” the judge said as Burke continued to speak.

“This is not a soap box. You know all about unruly schoolboys, and you’re acting like an unruly schoolboy.”

Burke lifted a copy of the Constitution and claimed that no judge had ever taken up the issues he was raising, before Judge Nolan asked him to address the issue of costs for a third time, warning him that he would make a ruling if Burke didn’t do so.

The judge said he was “taking this as a no” when Burke continued to speak, and began making his order before he was interrupted by Burke’s sister Ammi and mother Martina, who stood at the back of the courtroom.

Ammi Burke told the judge that Enoch had “a constitutional right to his beliefs”, before Judge Nolan ordered gardaí to remove her from the courtroom.

Martina Burke repeatedly shouted that the judge was making his judgment “on lies”, before she was also removed from the courtroom by gardaí.

A third person sitting at the back of the courtroom, apparently unrelated to the Burkes, then stood up holding a sign and demanded to be allowed to address the court “as a free citizen”, and the judge also ordered his removal.

The judge made his order for costs to the Attorney General and Wilson’s Hospital School as Enoch Burke continued to speak over him.

He said that the Burke family had repeatedly shown up and been disruptive, showing an “utter disregard” for the court, and that Enoch Burke “now seems indignant at the fact he was let out of prison”.

He continued the order for Burke to be fined €1,400 for every day that he continued to show up to the premises of Wilson’s Hospital School.

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