High Court orders Enoch Burke's arrest and imprisonment for trespassing at school

Mr Justice Brian Cregan on Thursday also ordered for the sequestration of a car used by the former teacher to travel to Wilson’s Hospital School

Enoch Burke was not present at the hearing, because he was in attendance at the school, the court heard.

The High Court has ordered Enoch Burke’s arrest and committal to prison over his breach of a court order banning him from Wilson’s Hospital School, his former workplace.

Mr Justice Brian Cregan on Thursday also ordered for the sequestration of a car used by the former teacher to travel to the Co Westmeath school.

After hearing evidence of Mr Burke’s repeated trespassing at the school since the beginning of the academic year, the judge said his conduct “amounted to a deliberate and flagrant contempt of court”, and ordered his immediate attachment and committal to Mountjoy Prison.

The judge said the court had to act to protect the school’s children from Enoch Burke’s “appalling behaviour”, and to uphold the rule of law. Mr Burke was not present at the hearing, because he was in attendance at the school, the court heard.

Enoch Burke has already spent over 700 days in prison in different spells for his breaches of the order banning him from the school, made over three years ago by Mr Justice Alexander Owens. He was most recently released from prison in July. He has also amassed fines of over €208,000 over his breaches.

Mr Burke was formally dismissed from his position at the school in May for gross misconduct. He maintains that he was not validly dismissed, and continues to seek his reinstatement through the courts.

The school suspended and later dismissed Mr Burke over his conduct towards its then-principal Niamh McShane at a school religious event in June 2022. When he continued to trespass at the school following his suspension, the school sought court orders banning him from the premises.

The school returned to the High Court this week following multiple instances of Mr Burke trespassing on the school premises since late August.

Moving the school’s application for Enoch Burke’s attachment and committal, Rosemary Mallon, counsel for the school’s board with Mark Curran, said the school had done “everything possible” to try and avoid coming back to court. 

She said the school was conscious of the unprecedented situation it finds itself in, and the fact that Mr Burke has spent over 700 days in prison. However, counsel said the school was in a position where it had no other option but to seek the court’s protection.

Counsel opened a statement sworn by school principal Noel Cunningham, who said Mr Burke’s trespassing was disrupting the normal running of the school.

Mr Cunningham outlined how Enoch Burke, on various occasions, waited for security personnel hired by the school — at a cost of €1,200 per week — to leave their position at the school gates before walking onto the school premises. On occasion, Mr Burke gained entry to the school reception, he said.

Mr Justice Cregan said Mr Cunningham’s affidavit made for “lamentable reading”, and showed the “great difficulty” the school had in dealing with Enoch Burke’s presence.

In a sworn statement replying to the school’s application, Mr Burke did not deny that he had trespassed at the school, the judge noted. He noted Enoch Burke’s assertion that the order banning him from the school is unlawful.

The judge ordered Mr Burke’s immediate attachment and committal to the prison. He also ordered the sequestration of a vehicle driven by Mr Burke to school. He placed a two-week stay on that order.