Judge to consider contempt of court orders against Enoch Burke and members of his family

Enoch Burke had already been facing an application by the school to have him sent back to prison

Enoch Burke is facing further separate applications for contempt over his behaviour in court and for again returning to the school where a security man is now employed every day to try to prevent him from getting on the premises. File photo: Brian Lawless/PA

A newly constituted appeals committee, due to hear Enoch Burke's appeal of his dismissal by Wilson's Hospital school, had to be postponed after the teacher sought a review of a Court of Appeal decision, the High Court has heard.

Also formal orders seeking the jailing for contempt of his mother, Martina, brother Isaac and sister Ammi, as well as Mr Burke himself, over their conduct in court in recent weeks when they repeatedly interrupted proceedings, are to be considered, Mr Justice Brian Cregan indicated on Wednesday.

Mr Burke had already been facing an application by the school to have him sent back to prison — where he has already spent more than 500 days at different intervals over the last three years — for his continuing contempt by turning up at the school every day in breach of orders.

He is facing further separate applications for contempt over his behaviour in court and for again returning to the school where a security man is now employed every day to try to prevent him from getting on the premises.

Rosemary Mallon BL, for the school board, said none of the Burke family had been seen in court on Wednesday but the principal had written to say Mr Burke arrived on Wednesday morning and it was not known if he had got on to the premises or was standing outside.

However, she said, he had not followed last week's court direction that he produce a statement of his means in order to assess whether to adjust the €1,400 daily fine which the court has imposed on him for attending the school and now amounting to more than €225,000.

Counsel also said there will be orders sought sequestering a Hyundai and a Nissan car which were used to drive Burke family members onto the school grounds, an order for payment of a €15,000 fine for trespass imposed by the High Court when it definitively found his actions were unlawful, and an order preventing further filming by the Burkes on the school and to remove material already posted on social media.

Ms Mallon said the school has had to engage a new security company due to online abuse of previous security men. It has meant the cost of security has risen from some €700 to some €1,100 a day and could rise further.

Since the beginning of this month, Mr Burke had tried to enter the school but was successfully stopped on most occasions. On one day he drove in a Toyota car for which the registration was not obtained, counsel said.

Disciplinary appeals panel

Ms Mallon also said a disciplinary appeals panel set up to hear Mr Burke's appeal against dismissal had been scheduled to take place on November 8. 

That panel was set up to replace another panel which Mr Burke had successfully challenged in the Court of Appeal (CoA) over alleged bias of one of its members who Mr Burke claimed was a supporter of transgender rights.

This latest objection by Mr Burke is in relation to new panel member Geraldine O'Brien on grounds of objective bias but which is rejected by the disciplinary panel.

The new panel hearing had to be postponed last Saturday when Mr Burke said he had submitted an "intended review application" of a CoA decision related to his case. Ms Mallon said the review appears to be sought in relation to another case over the membership of the panel which Mr Burke had lost, but which he is now conflating with the most recent CoA decision which he won.

All this means that Mr Burke continues to be paid his teacher's salary, counsel said.

Ms Mallon said it appeared throughout the three years of this case, Mr Burke does not believe the rule of law applies to him and the school has now been driven to an extraordinary situation of having to employ a security guard with a body cam.

There is “nothing that will convince him to stop” and now a further jailing for contempt of court is sought, she said. The judge said he would give a judgment on Enoch's continuing contempt next week and deal later with the court conduct contempt by all four.