Enoch Burke should only be arrested if he appears at school, judge orders

Enoch Burke will only face arrest if he returns to Wilson’s Hospital School, after a High Court judge narrowed an order for his imprisonment on hearing the teacher had not attended at the school since the order was made two weeks ago.

Judge Brian Cregan on Thursday amended an existing order for Burke’s attachment and committal to Mountjoy Prison.

Earlier this month, the judge ordered Burke’s attachment and committal after hearing evidence about the teacher’s repeated trespassing at the Co Westmeath school since the beginning of the academic year, in contempt of a court order banning him from the school.

At Thursday’s hearing, the judge also ordered Burke to pay €30,000 in fines arising from his trespassing since August, and ordered him to provide the court with a statement of his financial affairs.

Burke was formally dismissed from his position at the school in May for gross misconduct. He maintains 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 he continued to trespass at the school following his suspension, the school sought court orders banning Burke from the premises.

Burke has already spent more than 700 days in prison in different spells for his breaches of the order banning him from the school, made more than three years ago by Judge Alexander Owens. He was most recently released from prison in July.

At Thursday’s hearing, Rosemary Mallon, counsel for the school’s board, said Burke had not been arrested on foot of Cregan’s latest attachment and committal orders.

She said gardaí in Castlebar, Mullingar and the Bridewell in Dublin had been informed of the orders and furnished with relevant documents.

Mallon said Burke had not attended the school since the judge made the orders.

The judge suggested modifying the orders to stipulate that Burke only be arrested if he appeared at or within 100 metres of the school.

Mallon agreed that such an order would be the “best solution” for all parties, including Burke.

The judge amended the order as suggested and said it was up to the school to notify the gardaí if Burke sought to trespass again.

Turning to fines owed by Burke over his contempt of the order banning him from the school, the judge said Burke should pay €30,000 on foot of his trespassing this academic year. This brings the total owed by Burke in court fines arising from his contempt to more than €238,000.

Noting Burke had not paid anything towards these fines, the judge ordered him to file a statement of affairs with the court, laying out his income, expenditure, assets and liabilities. He said this should be filed within 21 days.

The judge also said he was minded to appoint a receiver for the purposes of sequestering a car used by Burke to travel to the school. The judge previously ordered the sequestration.

The court heard that Burke said he was not the owner of the car.

Niall Ó hUiginn, appearing for receiver Miles Kirby, said he needed to take instruction on the sequestration issue.

The case will return next week.