The High Court has ordered Enoch Burke’s arrest and committal to prison over his breach of a court order banning him from Wilson’s Hospital School, his former workplace.
Judge Brian Cregan on Thursday also ordered for the sequestration of a car used by the teacher to travel to the Co Westmeath school.
After hearing evidence of Burke’s repeated trespassing at the school since the beginning of the academic year, the judge said his conduct “amounted to a deliberate and flagrant contempt of court” and ordered his immediate attachment and committal to Mountjoy Prison.
The judge said the court had to act to protect the school’s children from Burke’s “appalling behaviour” and to uphold the rule of law.
Burke was not present at the hearing, because he was in attendance at the school, the court heard.
Burke has already spent over 700 days in prison in different spells for his breaches of the order banning him from the school, made over three years ago by Judge Alexander Owens. He was most recently released from prison in July.
He has also amassed fines of over €208,000 over his breaches.
Burke was formally dismissed from his position at the school in May for gross misconduct. He maintains that he was not validly dismissed and continues to seek his reinstatement through the courts.
The school suspended and later dismissed Burke over his conduct towards its then-principal Niamh McShane at a school religious event in June 2022.
The confrontation arose in circumstances where McShane had earlier directed teachers to address a student by a new name and with the pronouns “they” and “them”. Burke, an evangelical Christian, has maintained this request went against his religious beliefs.
When Burke continued to trespass at the school following his suspension, the school sought court orders banning him from the premises.
The school returned to the High Court this week following multiple instances of Burke trespassing on the school premises since late August.
Moving the school’s application for Burke’s attachment and committal, Rosemary Mallon, counsel for the school’s board with Mark Curran, said the school had done “everything possible” to try to avoid coming back to court. She said the school was conscious of the unprecedented situation it finds itself in and the fact that Burke has spent over 700 days in prison.
However, counsel said the school was in a position where it had no other option but to seek the court’s protection.
Mallon opened a statement sworn by school principal Noel Cunningham, who said Burke’s trespassing was disrupting the normal running of the school.
Cunningham outlined how Burke, on various occasions, waited for security personnel hired by the school – at a cost of €1,200 per week – to leave their position at the school gates before walking on to the school premises. On occasion, Burke gained entry to the school reception, he said.
Cregan said Cunningham’s affidavit made for “lamentable reading” and showed the “great difficulty” the school had in dealing with Burke’s presence.
In a sworn statement replying to the school’s application, Burke did not deny that he had trespassed at the school, the judge noted. He noted Burke’s assertion that the order banning him from the school is unlawful.
The judge ordered Burke’s immediate attachment and committal to the prison. He also ordered the sequestration of a vehicle driven by Burke to school. He placed a two-week stay on that order.