High Court grants permission for school to serve papers on Enoch Burke to send him back to prison

The court also heard that teachers and others found it hard to access the school with protesters there

The court was told on Thursday that the principal had informed the school solicitor that at 10.07am this morning, Mr Burke had returned and walked a number of feet past the gate before his way was blocked by a security man. Photo: Brian Lawless/PA

The High Court has ordered that immediate steps be taken to serve papers on teacher Enoch Burke seeking his return to prison after he again breached an order not to trespass on Wilson's Hospital School in Westmeath.

On Thursday afternoon, Mr Justice Brian Cregan granted Rosemary Mallon BL, for the school, permission for short service of proceedings seeking his attachment and committal to prison for breaching a previous order not the trespass.

This followed a comment earlier in the day by the judge that having reflected on the matter since he released Mr Burke from prison on Wednesday that it would be necessary to bring a new attachment and committal motion to jail him again if he returned to the school.

Mr Burke told the judge, via video link on Wednesday, that he had every intention to return to "his place of work" upon release.

Mr Burke has already spent more than 560 days in prison, over different periods over the last three years, since he was dismissed over his conduct following a refusal to obey a direction from the then school principal. Each time he has been jailed it has been as result of breach of an order not to trespass on the grounds.

Ms Mallon told the court on Thursday that the principal had informed the school solicitor that at 10.07am this morning, Mr Burke had returned and walked a number of feet past the gate before his way was blocked by a security man.

There were also a number of protesters outside the school with placards and flags, some of whom who had also walked on to the grounds.

Ms Mallon said the school finds itself in the "invidious situation" where within 24 hours of his release from prison he had returned to the school even though the court made it abundantly clear it was to allow him to prepare for a new case he was bringing over his dismissal from the school and that he was not to trespass.

Mr Burke has brought new proceedings challenging the composition of a new Disciplinary Appeals Panel which will hear his appeal against his dismissal.

Ms Mallon said while she was not suggesting Mr Burke was responsible for the protesters, she had been informed that teachers and others found it hard to access the school with the protesters there. She agreed with the judge that while they had a right to protest outside the school, that "without Mr Burke's presence" it was highly doubtful they would be there.

The judge granted Ms Mallon permission to serve the proceedings via Mr Burke's email address and adjourned the matter to tomorrow afternoon.

"I would expect to see you and/or Mr Burke here tomorrow", he said.