Enoch Burke banned from going within 100 metres of school

Enoch Burke has been banned from going within 100 metres of a school in Co Westmeath after a judge amended an order against him.

The High Court also heard that he now owes €238,268.18 in fines after defying a court order to refrain from trespassing at the school where he used to work.

The court was told that Mr Burke has trespassed at the school some 15 times since the start of the school year, which is subject to a daily fine of €2,000 per day.

The dismissed teacher had already incurred fines totalling €208,268.18.

Mr Burke has also been ordered to provide a statement of affairs to the High Court within 21 days, setting out his income, expenses and assets.

The court was told that a similar order was made against him, which he never complied with.

A recent order to arrest and jail Mr Burke was made following a number of breaches of the court order preventing him from trespassing at the school.

The former history and German teacher was dismissed from Wilson's Hospital School in May after a lengthy dispute with the institution.

The row stemmed from incidents over a request in 2022 from the school’s then-principal to address a student by a new name and pronoun.

Mr Burke and his family, evangelical Christians from Co Mayo, argued the direction was unconstitutional and went against his right to express his religious beliefs.

The school was granted an order restraining him from attending the school while he was suspended and dismissed, but he continued to attend in breach of the order, arguing that it was still his place of work.

He has been imprisoned for more than 700 days for breaching court orders not to trespass at the school.

Mr Burke did not appear at today's proceedings in the High Court.

Senior Counsel Rosemary Mallon told the court she believes he was aware the matter was listed after he emailed the solicitor representing the school’s board of management office on Wednesday.

The court addressed an order for the seizure of the car used by Mr Burke to travel to and from the school.

The order for sequestration was stayed until today’s hearing to allow for Mr Burke to make submissions.

Ms Mallon said that in the email sent on Wednesday, Mr Burke said he did not own the vehicle.

Judge Brian Cregan said that since the order for his arrest and committal, gardaí have made two attempts to arrest him but have not been able to locate Mr Burke.

Judge Cregan modified the order so that Mr Burke can be arrested if he trespasses within 100 metres of the school.

Ms Mallon said she had no issue with the amendment as the "only desire" is to ensure that he does not trespass.

Judge Cregan said that gardaí should not be wasting limited resources trying to find Mr Burke.

The amended order will be served on Mr Burke.

The judge said he will also consider making a garnishee order, which redirects Mr Burke’s income to pay his outstanding court fines.

He said that would apply if Mr Burke receives any future income from the Department of Education.

He said he would not make the order today, and would give Mr Burke 21 days to make a response to the order.

The court was told that if he fails to make a submission, the order will be made in his absence.

The judge also said he was considering appointing the receiver to help identify the owner of the vehicle and to carry out the seizure of it.

He queried whether this could be done through the Motor Tax Office, and added that Mr Burke was entitled to make submissions on the matter.

Judge Cregan said that if it is the case that someone else owns the car, it "raises the question" as to "aiding and abetting contempt of court".

He adjourned the matter for one week with costs reserved.