High Court judge appoints receiver over Enoch Burke's salary

His father Sean, mother Martina, sister Ammi and brother Isaac were in court today and only Isaac tried to interrupt proceedings

Dismissed teacher, Enoch Burke, has so far incurred fines of up to €79,100 for disobeying High Court orders to stay away from the school where he was previously employed, Wilson's Hospital School in Westmeath. File picture: Colin Keegan, Collins Dublin

The High Court has appointed a receiver over the salary of teacher Enoch Burke.

Mr Justice David Nolan also made a conditional order of garnishee over his bank account up to €79,100, the sum so far incurred by Mr Burke in fines for disobeying High Court orders to stay away from the school where he was previously employed, Wilson's Hospital School in Westmeath.

The outcome of an appeal related to his dismissal is awaited and in the meantime he continues to be paid his monthly salary on an administrative leave basis by the Department of Education.

He also continues to turn up at the school despite court orders that he stay away and despite his release from his 512th day in prison before Christmas without having purged his contempt.

When he returned to the school premises after the Christmas break, the school did not apply to have him jailed again but Mr Justice Nolan ruled there should be some way of collecting the daily €700 fine for continuing contempt which had already been imposed on him. The judge also said he would increase that fine to €1,400 a day.

The Attorney General (AG) and Department of Education then sent lawyers to court to address the judge's request for some way of enforcing the fines. On Tuesday, Brian Kennedy SC, for the AG, presented the case for the appointment of a receiver by way of equitable execution over Mr Burke's salary.

Counsel said previous case law stated that the touchstone for the appointment of a receiver over future salary was governed by justice and convenience. Appointing a receiver by way of equitable execution was more a question of practice rather than jurisdiction, he said.

Mr Kennedy also made an ex parte (where only one side is represented) application seeking a conditional garnishee order in relation to money in his bank account to pay the fines already imposed.

Mr Burke did not attend court on Tuesday but counsel said he had been informed of the proceedings by email and registered post. Mr Burke's father Sean, mother Martina, sister Ammi and brother Isaac were in court.

Interruption

While there had previously been repeated interruptions from family members at previous sittings, only Isaac tried to interrupt and that was when the judge began making his orders.

The judge told Mr Burke he had no right of audience before the court and unless he sat down and stopped talking he would be found in contempt of court and the gardaí, who were in court, would be asked to remove him.

When Isaac remained standing without speaking, the judge said he was taking that as an indication that he was purging his contempt. Another man who was sitting behind the Burkes, but not in their company, also tried to speak but the judge told him to sit down too and continued to make his orders.

The judge then said he was satisfied to appoint insolvency practitioner Myles Kirby as receiver by way of equitable execution over Enoch Burke's salary. He also made a conditional order of garnishee over his bank account in relation to the fines already imposed and adjourned that matter for a week.

The judge said the bank should be informed of the court order immediately so that there is no attempt "to clear out the bank account". He also granted costs to the AG, the Department of Education and the school's lawyers.

The judge, who said he would give a written judgment later, then rose and left as Isaac tried to say he wanted to raise the matter of his brother's constitutional rights being denied.