Courts / Ireland / Report
Enoch Burke cannot ask for protection of courts while ignoring court order, school says
Summary
Teacher Enoch Burke is challenging a disciplinary process at Wilson's Hospital School, seeking an injunction to halt proceedings that could lead to his dismissal. The school argues the application is premature and that Burke lacks "clean hands" due to his refusal to comply with a court order to stay away from the premises. Burke was previously incarcerated for 108 days for contempt of court after breaching this order. He was released from prison before Christmas without purging his contempt, but was warned by Mr Justice Brian O'Moore that he faced the prospect of being jailed again if he continued to act contrary to the order. Counsel for the school submitted that Burke cannot seek the protection of the courts while ignoring a court order that does not suit him. The school also denied allegations that board chairman John Rogers lied in a sworn statement regarding a board meeting. Mr Justice Conor Dignam reserved his decision on the injunction, with judgment expected early next week. A separate application brought by the school, arising out of Mr Burke's refusal to comply with a court order to stay away from the school while he is suspended, has been adjourned to next week. The school seeks a court order sequestering or removing Mr Burke's assets from him, due to his alleged ongoing contempt of a High Court order granted in September.
Who, what, where, when and why
What: Report matter: Enoch Burke cannot ask for protection of courts while ignoring court order, school says. Procedural stage: sentence
When:
- January 19th Hearing Or Sentence
- January 5 Other
- August 15th Other
- Christmas Other
- 2023-01-12 Publication
Why: The school argued that Mr Burke's bid for an injunction halting disciplinary proceedings against him should be dismissed because his application is "premature" and because of his refusal to obey a court order to stay away from school premises. CNI source report
Case subjects
Applicant
Outcome: He was released from prison before Christmas, without purging his contempt, but was told by Mr Justice Brian O'Moore that he faced the prospect of being jailed again if he continued to act contrary to the order.; A separate application brought by the school, arising out of Mr Burke's refusal to comply with a court order to stay away from the school while he is suspended, has been adjourned to next week.
Places mentioned
- Wilson's Hospital
- High Court
Topics
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