Courts / Ireland / Report

Enoch Burke to be fined €700 for every day he refuses to stay away from school

Summary

In an appeal-stage ruling, the High Court ordered teacher Enoch Burke to pay a daily fine of €700 for each day he refuses to comply with a court order to stay away from Wilson's Hospital secondary school. Mr Justice Brian O'Moore issued this decision on Thursday, granting Burke until the following day to decide on compliance. The judge noted that Burke had previously been jailed for 108 days for contempt but was released without purging the sentence. Following his release, Burke allegedly returned to the school campus on January 5th, claiming he was there to teach, despite being told he was in breach of the order. The school sought either asset sequestration or fines due to his repeated refusal to comply. Mr Justice O'Moore determined that a daily fine was the correct response to Burke's ongoing defiance, noting that returning him to prison was not immediately attractive and asset sequestration was unlikely to ensure compliance. The fine commences on Friday and may be increased if ineffective. The judge rejected Burke's arguments that the order breached his constitutional rights or criminalised his religious beliefs, stating that High Court orders remain valid until set aside by superior courts, where appeals are pending. The matter is adjourned for review on February 10th, with legal costs to be addressed separately.

Who, what, where, when and why

What: Report matter: Enoch Burke to be fined €700 for every day he refuses to stay away from school. Procedural stage: appeal

When:

• January 5th Hearing Or Sentence
• February 10th Hearing Or Sentence
• Christmas Other
• 2023-01-26 Publication

Why: Mr Burke's submissions that last September's order by Mr Justice Max Barrett is void, because the teacher believes it to be, is "entirely misconceived". CNI source report

Places mentioned

Topics

Stage Appeal

Read the original CNI report