The High Court has ordered Enoch Burke’s release from prison while leaving in force the permanent injunction preventing him from trespassing at Wilson’s Hospital School.
Mr Justice Cregan said Burke remained in contempt of court because he had repeatedly refused to give an undertaking that he would obey the injunction. However, the judge found that circumstances had changed sufficiently to justify his release.
Burke was suspended from his teaching position in August 2022 and an interim injunction was granted later that month restraining him from trespassing at the school. A permanent injunction followed in May 2023 after the school succeeded in its substantive High Court action.
Burke repeatedly returned to the school despite those orders. He was committed to prison on several occasions and courts also imposed daily financial penalties. A €700 daily fine was later increased to €1,400 for each day of trespass.
The latest period of imprisonment followed another breach after Burke was released in January 2026 to allow him to prepare separate legal proceedings. He returned to the school on 16 January and was committed again on 19 January.
The judge identified three reasons for releasing him now. First, Burke’s internal disciplinary appeal ended on 20 May 2026. The school then confirmed his dismissal for gross misconduct, his employment ended and the Department of Education stopped paying his salary. Second, the school year had finished, reducing the immediate risk of disruption to pupils. Third, the school itself did not seek to keep him imprisoned indefinitely.
The court stressed that release does not cancel the May 2023 injunction or the finding of contempt. Burke’s obligation to pay accumulated fines also remains, with the amount to be clarified separately.
If he trespasses at Wilson’s Hospital School when the new academic year begins, the school may make a fresh application to have him committed to prison.