Attorney General decides not to prosecute Enoch Burke or his family for criminal contempt

(Left to right) Isaac Burke, Enoch Burke and their mother Martina Burke at the High Court in November. The Attorney General has decided not to prosecuted them or their sister Ammi, as of this time, for criminal contempt over their repeated disruption of court proceedings. File photo: Collins Courts

Jailed teacher Enoch Burke and no other members of his family are to be prosecuted as of this time for criminal contempt over their repeated disruption of court proceedings, Attorney General (AG) Rossa Fanning told the High Court on Wednesday.

Mr Fanning made a rare personal appearance in the courts because this was a matter of public interest and in response to the Mr Justice Brian Cregan's request that criminal contempt be considered by the AG against Enoch Burke, his siblings Isaac and Ammi and their mother Martina.

Mr Fanning said apart from the fact that Enoch Burke is already in prison for contempt over continuing trespass on Wilson's Hospital School, there were issues including the amount of court time taken up with this case, the cost in legal representation to the taxpayer and the alternative remedies such as removal from court and the power of gardaí to prosecute for disruptive behaviour.

He added that some regard had to be given to the likely outcome and benefit of criminal contempt proceedings.

"Given the history of this engagement — even if one assumes the proceedings were to succeed with the imposition of fines or periods of imprisonment which would be relatively modest given that they are summary proceedings — they may reinforce an unfounded sense of martyrdom, but are unlikely to provoke any Damascene conversion," he said.

He said he had carefully considered the transcripts and a number of High Court judgments on this matter and come to the conclusion that he should not at this time initiate criminal contempt proceedings. 

This case had raised "troubling questions about the adherence to the rule of law", and that court orders must be obeyed and disruption by lay litigants or anyone else is to be condemned, he said.

In response, Mr Justice Cregan thanked Mr Fanning but said he did not believe the transcripts had reflected the tone and tenor of what had happened before his court in recent months. He would reflect on the AG's comments over Christmas and the court could still, of its own volition, consider bringing such proceedings.

School disciplinary panel

The court also heard that a disciplinary appeals panel heard Enoch Burke's appeal against his dismissal on Saturday and will give its decision within 10 school days which means it could be after Christmas. The judge said the case would be adjourned to early January for an update on the appeals panel outcome.

Mr Burke, speaking via video from Mountjoy Prison, said people should not think that just because the appeals panel will make a decision that this would be all over. He also refused to give an undertaking not to trespass on the school if released which is why he has been imprisoned for the fourth time and has been there now for well into 500-plus days.