The High Court has ruled that teacher, Enoch Burke’s salary should be paid directly to the school where he used to work until money he owes to them in damages for trespassing is paid off.
The court ruled two years ago that Mr Burke should pay damages of €15,000 to Wilson’s Hospital School for trespassing on the premises.
Mr Burke’s salary is currently being paid by the Department of Education to the Courts Office, via a receiver, to pay off the fines imposed on him by the courts for breaching an injunction to stay away from the school.
Mr Justice Brian Cregan ruled today that the money should go to the school instead until the amount of €15,000 is paid off.
The judge was also asked by the school to temporarily seize cars used to drive Mr Burke onto the school grounds in breach of the order. The court ruled it had the power to do this, but Judge Cregan found it was not necessary at the moment as Mr Burke is now in Mountjoy Prison, having been arrested earlier this week.
The judge told Mr Burke the idea he was being imprisoned for his religious beliefs was “nonsense”. He said the court did not imprison people for their beliefs, and Mr Burke was being jailed because he was trespassing on other people’s property: “No more, no less”.
He said Mr Burke could be released from prison if he gave an undertaking not to trespass on the school’s property again. He emphasised that Mr Burke did not have to give any undertaking about calling a child “they or them” and did not have to accept transgenderism or change his religious beliefs “one iota”.
Mr Burke appeared by video link from the prison following an application by the school yesterday to have him produced either in person or virtually.
However, Mr Burke’s brother, Isaac and father Seán raised objections about the fact that Enoch Burke was not physically present in court before the judgment was given.
Judge Cregan told Isaac Burke he had no right of audience. He said that every single time Isaac had appeared before him, he had disrupted court business, and he asked gardaí to remove him and his father from court.
As he was removed, Isaac Burke said it was “an absolute disgrace” and “unacceptable behaviour”. Seán Burke said it was totally “wrong” and “shocking” and said he had a right to be in court.
Enoch Burke said the application to have him appear virtually was as a result of “underhanded dealings” by lawyers for the school and to a certain extent, the court. He claimed he had been initially told by the prison service he would be physically brought to court before being told his appearance would be by video link.
However, barrister Rosemary Mallon said there had been no production order at all for Mr Burke for today’s appearance, and they had gone to court yesterday to ensure that he would be present “in fairness to him”. She told the court “No good deed goes unpunished.”
After Mr Burke said he had been grossly prejudiced by not being present in court, the judge said he would read his judgment and adjourn any further applications until next week. He told Mr Burke he would not take any “lectures on truth telling” from him.
As Mr Burke tried to insist that he was in jail because he would not affirm and endorse transgenderism, the judge told him that this was “absolute nonsense”. He said they both spoke English and why Mr Burke sought to distort and misrepresent what was going on was a matter known only to Mr Burke and a mystery to the judge.
The matter will be back in court next Wednesday. The court also heard a costs hearing relating to the legal costs of some of the matters relating to the legal dispute between Mr Burke and the school is due before the chief legal costs adjudicator on Tuesday. The dispute has been ongoing since August 2022.
