Enoch Burke's family stop going into school since threat of sequestering cars

His brother Isaac was eventually removed from the court today by gardaí for interruptions to the proceedings
Enoch Burke's family stop going into school since threat of sequestering cars

Enoch Burke at the High Court today where at one point he wagged his finger at counsel for the school board. Photo: Brian Lawless/PA

Members of teacher Enoch Burke's family have stopped going on to Wilson Hospital School grounds since a threat was raised of sequestering cars used by them to transport him there and of banning other family members from going on to grounds. 

Rosemary Mallon, counsel for the school board, said since the case was before the court last week, letters had been sent to certain members of the Burke family who had been filmed on the school grounds.

The letters arose out of the court's suggestion that orders in the case could be extended to banning family members, along with Enoch, from the school and two cars used to transport him to the school could be sequestered.

The court heard since this happened, no other members of the family have been on the grounds and the cars have not driven onto the grounds. Enoch now gets out of the car and walks into the school. 

On October 24, a security man warned him not to go in but he did so and his way was blocked by the guard and both stood there until Mr Burke left at 3.50pm. However, Ms Mallon said footage of the encounters with the security man was uploaded to social media by Mr Burke and once again, as happened previously, there were racist remarks made by third parties.

The case by the school seeking further contempt orders against Mr Burke was back again on Wednesday before Mr Justice Brian Cregan. He has already spent more than 500 days in prison for contempt.

He had come to court on Wednesday because he said his family had been brought into the case by the court's "own volition", threats of being barred from the school and sequestration of cars.

He said there was a repeated failure by different judges to address what this case was about.

There was now also the fact that the primary judgment of the High Court finding his suspension was lawful had been undermined by a subsequent Court of Appeal judgment in his favour in which he challenged the composition of a disciplinary appeals panel set up to hear his appeal against dismissal.

Mr Burke's submissions were marked by interruptions by various members of his family including his brother Isaac, his sister Ammi and their parents Martina and Sean.

Isaac was eventually removed by gardaí after the judge requested their intervention and other members were warned they too would be removed if they did not stop interrupting.

Enoch Burke told the judge it was because of dishonesty and "lies from the bench". Mr Justice Cregan said the only dishonesty had been from Enoch Burke.

Mr Burke repeatedly interrupted and tried to correct the judge in comments he made. This included a comment by the judge that the lawfulness of having to call someone by the they/them pronoun has to be decided by the court because it is a constitutional matter.

Mr Burke rebuked the judge for saying so as it was, he said, "patently unlawful" and he was surprised the judge did not know that. 

Mr Burke repeatedly told the judge he was lying and that Ms Mallon was also, wagging his finger at her at one stage. Ms Mallon rejected all his allegations and said there was no question over her professional integrity.

The court also heard the Department of Education was willing to part fund the cost of security at the school, 50% of the cost or a total of €4,400, pending further review.

Mr Burke complained that not only had his livelihood as a teacher been taken away but his bank account had been drained by the State of some €40,000 to pay €225,000 daily fines he has racked up for going into the school since this case began.

He once again refused to answer the judge's direct question of whether he would purge his contempt, describing it as a "fantastical question" which turned a blind eye to the submissions he made.

Ms Mallon said she was not seeking at this moment to extend the orders against other members of the family but if the court was minded that she should, she would have to take instructions and deal with that on another day. The judge said he would give his decision within weeks.

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