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Teacher Enoch Burke to remain in prison for contempt of court

Enoch Burke is to remain in prison for contempt of court (file photo: RollingNews.ie)
Enoch Burke is to remain in prison for contempt of court (file photo: RollingNews.ie)

Secondary school teacher Enoch Burke is to remain in prison for contempt of court after refusing to engage with an offer from a High Court judge to release him for Easter.

Mr Burke was jailed for a second time last September for refusing to give an undertaking to abide by a High Court order to stay away from the school where he worked.

He has spent just over 300 days in prison for contempt of court, a situation which the judge said there was no precedent for.

However, today's hearing ended with Mr Burke being removed from the courtroom by prison officers, at the direction of the judge, and his return to Mountjoy Prison.

Mr Burke’s mother Martina and sister Ammi were also ordered to leave the courtroom during the hearing.

His brother Isaac was removed from the courtroom twice by gardaí.

Mr Justice Mark Sanfey said he had intended to release Enoch Burke from prison and give him the two-week holidays at Easter to reflect and "find a better way" or a different strategy.

However, Mr Burke repeatedly raised the issue of a document sworn by solicitors for the school in which they said the chairman of the school’s board "could not countenance" turning the school into a "prison-like environment" by employing security to stop Mr Burke attending.

Mr Burke and his family said this was a lie because the day before the affidavit was sworn, the school had sent messages to parents saying they would be employing security for a short time due to a completely unrelated dispute with a contractor.

Mr Burke accused Judge Sanfey of not doing his duty by refusing to deal with this issue.

The judge said he was not persuaded by Mr Burke’s submissions and said the only matter before him was whether or not Mr Burke was willing to abide by the court’s orders.

The judge said he had been prepared to give Mr Burke "an out" and release him.

However, he said Mr Burke had interrupted him, spoken over him and had accused him of being dishonest and of colluding with lawyers for the school.

Judge orders Enoch Burke to be removed

When Mr Burke again refused to sit down and spoke across the judge, Judge Sanfey ordered him to be removed.

As prison officers attempted to remove Mr Burke, his brother Isaac became involved and was also taken out of court.

Isaac Burke returned shortly afterwards and said his clothing had been torn to shreds and he had been seized on by members of An Garda Síochana.

He said he was dragged out and injured and his belongings had been strewn around the ground.

When he refused to sit down and give an undertaking to "behave", the judge directed his removal from the court and he was carried out by a number of gardaí.

Judge Sanfey said it had been "perhaps too much to hope for" that Enoch Burke would have accepted his approach allowing him to be released.

However, he said Mr Burke’s conduct before the court illustrated beyond any doubt the contempt he had for the court and for the orders of the court.

He said his constant refusal to answer questions, constant interruptions and talking over the lawyers demonstrated that Mr Burke had no interest in being released he said.

The judge said he had been prepared to try something new but he now had no alternative but to leave the order committing Mr Burke to prison in place.

He said Mr Burke was behaving in a way that led him to conclude that he wanted to be in jail.

After Isaac Burke was removed, Mr Justice Sanfey said it was a "great shame and disgrace" to see such scenes in an Irish courtroom.

He said he intended to keep Mr Burke’s imprisonment under review and would list the matter again on 14 June.

He said it had been a fruitless process so far but he was trying to find a way it could be resolved.

Matter in 'indefinite deadlock' - SC

Earlier, Senior Counsel Alex White for Wilson's Hospital School said the matter appeared to be in an "indefinite deadlock".

He said that imprisonment seemed the only option reasonably likely to achieve Mr Burke's compliance with the court order directing him to stay away from the school.

Mr White said the school had no wish to see a young man like Mr Burke confined to prison but he said they were left with no option.

He said the school did not believe it had any legal standing to recover the fines previously imposed on Mr Burke by the High Court.

Mr White said there would have to be new fines imposed and directions would have to be made by the court on how the money would be recovered.

But he said even if new fines were imposed, the school did not believe they would stop him turning up to the school.

Mr White said the school was taking measures to have Mr Burke pay up the legal costs he owes to date.

He said these measures were being pursued but would take some time.

He added that he did not believe a costs order would bring about compliance with the court either.

Mr White said Mr Burke had the opportunity to address the reason for his dismissal at his appeal against his dismissal which has yet to be heard.

Last month, the court heard that Mr Burke remains on his full salary pending the outcome of that appeal.