Enoch Burke will only face arrest if he returns to Wilson’s Hospital School

The High Court has amended the imprisonment order after hearing Burke has not returned to the school since it was made

Enoch Burke outside Wilson's Hospital School in Co Westmeath having been refused entry. Picture: Brian Lawless/PA Wire

Enoch Burke will only face arrest if he returns to Wilson’s Hospital School, after a High Court judge narrowed an order for his imprisonment on being told that the teacher has not attended the school since the order was made two weeks ago.

Mr Justice Brian Cregan on Thursday amended an existing order for Mr Burke’s attachment and committal to Mountjoy Prison.

Earlier this month, the judge ordered Mr Burke’s attachment and committal after hearing evidence of the teacher’s repeated trespassing at the Co Westmeath school since the beginning of the academic year, in contempt of a court order banning him from the premises.

At Thursday’s hearing, the judge also ordered Mr Burke to pay €30,000 in fines arising from his trespassing since August and to provide the court with a statement of his financial affairs.

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.

The confrontation arose after Ms McShane had directed teachers to address a student by a new name and use the pronouns “they” and “them”. Mr Burke, an evangelical Christian, has maintained that the request went against his religious beliefs.

When he continued to trespass at the school following his suspension, the school sought court orders banning him from the premises.

Mr Burke has already spent more than 700 days in prison in separate spells for breaching the order banning him from the school, which was made more than three years ago by Mr Justice Alexander Owens. He was most recently released from prison in July.

Arrest order narrowed

At Thursday’s hearing, Rosemary Mallon, counsel for the school’s board, said Mr Burke had not yet been arrested under the judge’s latest attachment and committal orders. She said gardaí in Castlebar, Mullingar and the Bridewell in Dublin had been informed of the orders and given the relevant documents.

Counsel said Mr Burke had not attended the school since the judge made the orders.

The judge suggested modifying the orders to stipulate that Mr Burke could only be arrested if he appeared at or within 100 metres of the school.

Counsel agreed that such an order would be the “best solution” for all parties, including Mr Burke.

The judge amended the order as suggested and said it was up to the school to notify gardaí if Mr Burke attempted to trespass again.

Fines exceed €238,000

Turning to fines owed by Mr Burke for breaching the order banning him from the school, the judge said Mr Burke should pay €30,000 for his trespassing during the current academic year. This brings the total he owes in court fines arising from his contempt to more than €238,000.

Noting that Mr Burke had not paid anything towards the fines, the judge ordered him to file a statement of affairs with the court setting out his income, expenditure, assets and liabilities. He said the statement should be filed within 21 days.

The judge also said he was minded to appoint a receiver to sequester a car used by Mr Burke to travel to the school. The judge had previously ordered the sequestration.

The court heard that Mr Burke claims he does not own the car.

Niall Ó hUiginn, appearing for receiver Miles Kirby, said he needed to take instructions on the sequestration issue.

The case will return next week.