The Attorney General believes he has standing to seek to sequester the assets of teacher Enoch Burke, who is once again attending at the school where he previously worked in an alleged breach of a court order, the High Court has heard.
Lawyers representing Rossa Fanning said they do not think there is anything wrong with the Attorney General being the moving party in such an application, brought with regard to some €190,000 in fines, as he would have standing “in the public interest”.
Brian Kennedy SC said, however, that the more conventional approach would be for sequestration to be sought by the original court applicant, which would be Wilson’s Hospital School in Co Westmeath. A garnishee order, which involves an alleged debtor being brought before court, is another option for enforcing the court fines, he added.
Alex White, senior counsel for the school, said his client would not on this occasion ask the court to order Mr Burke’s attachment and committal to prison for attending at the school.
Mr Kennedy was responding on Tuesday to exploratory questions from Mr Justice David Nolan, who was assessing what mechanisms can be used to collect fines owed by Mr Burke for each day he attended at Wilson’s Hospital School in breach of a court order.
The judge had asked the Attorney General and Minister for Finance to make submissions to the court. The Minister for Education was also represented by Mr Kennedy as, the court heard, she is responsible for the continued payment of Mr Burke’s teacher salary until his appeal against his dismissal is determined.
Mr Burke was released from prison before Christmas when the Co Westmeath school was closed for the school holidays. He has spent more than 500 days in Mountjoy Prison for refusing to abide by a court order to stay away from the premises.
The court heard on Tuesday that the German and history teacher returned to the school when it reopened on January 6th and has been there on most working days since.
Mr Burke did not appear in court on Tuesday afternoon, but wrote reiterating his contention that the courts have denied him his constitutional rights to freedom of conscience, and the free profession and practice of religion.
His letter, read aloud in court by the judge, said: “I understand that the High Court is seeking advice today from the Attorney General and the Minister for Finance to strip me of my livelihood. This is illegal, unprecedented and disturbing”.
He claims he was imprisoned for maintaining his Christian religious belief by taking a stand against “transgenderism” and refusing to use “they/them” pronouns for a pupil.
Mr White, said he understood Mr Burke was at the school at the time of the court sitting on Tuesday. Mr White said Mr Burke has at times been on the school grounds but not inside the building.
The continued attendance has caused disruption, while some “unknown third parties” who appear to be supporting Mr Burke have also occasionally attended, said Mr White.
Mr White said he agrees with issues discussed regarding potential sequestration of Mr Burke’s assets on foot of fines imposed by the court for each day he attended at the school in breach of a court order.
He said the situation has now been going on for years, while “all the school wants to do is to be a school”.
Mr Justice Nolan said he believes the €700 daily fines first imposed in early 2023 by his colleague, Mr Justice Brian O’Moore, ceased to apply from about mid-2023, when further orders were made following a substantial hearing of the case.
He previously indicated he was minded to double the daily fine to €1,400 for each day Mr Burke refuses to purge his contempt, but he has not yet done this, he said.
Engaging with counsel for the Attorney General and ministers, the judge said Wilson’s Hospital School has already incurred “significant costs” in having to come to court on numerous occasions due to this situation.
The State, not the school, would be the one to financially benefit from sequestration of Mr Burke’s assets as the fines are payable to it, he said.
Mr Justice Nolan said there were two money sources related to Mr Burke: funds in his bank account and his salary being paid by the State.
The judge said he was “disappointed” Mr Burke was not in court to make submissions on the point. One of his brothers was in court to take notes of what occurred.
The judge directed Mr Burke to file written submissions within two weeks in advance of the court ruling on the matter.
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