The High Court has ordered the release from prison of school teacher Enoch Burke, who has been in jail since 2 September for contempt of court.
However, the judge warned Mr Burke he would be subject to a daily fine of €1,400 a day if he breaches an order directing him to stay away from Wilson's Hospital School in Co Westmeath where he used to teach.
The judge has also ordered representatives of the Attorney General and the Department of Finance to come to court next month to outline how Mr Burke’s salary can be used to pay the €193,000 he already owes in fines for contempt of court.
Judge David Nolan said it was difficult to avoid the conclusion that Mr Burke was acting under the influence of other parties and was exploiting his imprisonment for his own ends.
He said it was clear Mr Burke had been persuaded by others that he was best seen as a martyr.
The judge said the case had been before the court on more occasions than nearly any other case involving a personal litigant.
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He said there had been 41 High Court orders and no payment had been made of any costs or fines.
He said the abusive manner in which Mr Burke had refused to abide by orders of the court was a very grave matter and it was abundantly clear that he still refused to purge his contempt.
He said measures taken by the courts to secure compliance with its orders were for the good of society as a whole, and the judge added that society also had an interest in the use of scarce resources.
He noted that Mr Burke continued to receive his full pay as a secondary school teacher pending the hearing of his appeal against his dismissal from Wilson’s Hospital School.
He said the cost of keeping Mr Burke in Mountjoy was now €84,000 a year or €1,600 euro a week.
On top of that, he said Mr Burke owed the State €193,000 in unpaid fines for contempt of court following a previous judge’s decision in March last year to impose a €700 daily fine for contempt.
He said Mr Burke was in jail because he chose to be in jail.
The judge said it had nothing to do with his religious beliefs and was because he was attending the school when he knew he should not do so.
'Fruitless campaign of contempt'
The judge also quoted the parable of the talents from the Bible and said Mr Burke’s failure to use the gifts he had been given as a highly educated and very good teacher, for the benefit of society, was a travesty.
He said his argument that the school and the court were trying to enforce orders which were inconsistent with his religious beliefs was "entirely misguided and ridiculous". The judge suggested Mr Burke was acting under the influence of other parties and noted that the last time he asked Mr Burke about this, his mother "jumped from behind the bench" and accused the judge of being under outside influence.
He said the coercive effect of the imprisonment of Mr Burke was turned on its head if a person was prepared to endure the undoubted discomforts of incarceration for some perceived advantage.
His continued jailing would only facilitate whatever he thought he was achieving by being in prison the judge said, and he would not allow him to garner advantage from his imprisonment.
Judge Nolan said he was giving Mr Burke the opportunity to be free for Christmas and urged him to reflect on his "fruitless campaign of contempt".
Neither the State, nor the court, nor the school, were trying to get Mr Burke to change his views.
He said Mr Burke was in jail because he would not abide by a court order.
Judge Nolan gave his decision while Mr Burke constantly spoke over him.
As he finished Martina Burke, Mr Burke’s mother, said the "public saw his wickedness".
The Burkes had raised an issue at the beginning of the hearing when the judge told them that anyone who interrupted would be removed from court by gardaí and would not be allowed to attend future hearings.
Mr Burke accused the judge of acting against the law and told him he would not intimidate, lock up or crucify members of his family for telling the truth.
He continued to raise the issue of people not being allowed to attend future hearings while the judge gave his ruling.
Mr Burke was immediately released from prison custody after Judge Nolan left the courtroom.
He left the Four Courts with his mother, Martina, sister, Ammi, and brothers, Isaac and Josiah.
Their father, Sean, was jailed on Tuesday for the assault of a garda in the Court of Appeal in March 2023, having refused to agree to abide by the conditions necessary to receive the suspended sentence the judge intended to impose.
