Judgment: 2023-09-08 · Court archive

High Court orders Enoch Burke’s indefinite detention for breaching school access order

The court found Burke in civil contempt after he admitted returning to Wilson’s Hospital School despite an order barring him from its premises. His detention is to continue until he purges the contempt, with a review set for 3 October 2023.

High Court · [2023] IEHC 528

Who, what, where, when and why

Who
  • Enoch Burke (Respondent)
  • Mr Justice Owens
What

The court found Burke in civil contempt after he admitted returning to Wilson’s Hospital School despite an order barring him from its premises. His detention is to continue until he purges the contempt, with a review set for 3 October 2023.

Where

No place detail is included in this summary.

When

Judgment:

Why

Reasons reported in the judgment

The High Court ordered Enoch Burke’s indefinite detention after finding that he had deliberately breached an order barring him from entering Wilson’s Hospital School. The detention is coercive and is to continue until he purges his contempt by agreeing to obey the order; the court set a review for 3 October 2023.

The High Court ordered Enoch Burke’s indefinite detention after finding that he had deliberately breached an order barring him from entering Wilson’s Hospital School. The detention is coercive and is to continue until he purges his contempt by agreeing to obey the order; the court set a review for 3 October 2023.

Mr Justice Heslin said the July 2023 order, made by Mr Justice Owens, remained valid and had not been overturned on appeal. It restrained Burke from entering or trespassing on school premises without the board’s consent and declared his suspension from his teaching post lawful pending a final decision on whether he should be dismissed for gross misconduct.

Burke’s affidavit said he returned to the school on 25 August after the summer holidays. The judgment records that he continued attending, and that he did not dispute breaching the order. The school’s solicitors wrote to him on 28 August seeking a written undertaking that he would comply. No undertaking was given. At the hearing, the school said it was seeking attachment and committal because his attendance was disrupting the school’s operation.

Burke argued that the application was unconstitutional and relied on religious liberty and freedom of conscience. He also criticised the earlier proceedings and accused the school’s solicitor of misconduct. Justice Heslin said those arguments did not permit the High Court to disregard an order that remained in force, and said the evidence did not support the allegations against the solicitor. The judge said the application concerned Burke’s presence at the school, not his right to worship or his beliefs. The court did not resolve disputes about the views or experiences of students, parents or staff, saying those were not the issue before it.

The judge asked Burke three times during the hearing whether he would undertake to stay away. The judgment records no response on each occasion, which the judge treated as a refusal. Justice Heslin said Burke could end his detention by informing the court that he would comply with the order. The court also awarded the school board its costs. The matter was adjourned to 3 October for review if the contempt had not been purged sooner.

Read the original court judgment

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