More than €40,000 has been seized from Enoch Burke‘s bank account on foot of High Court orders enforcing the payment of thousands of euro in fines owed by the schoolteacher, the court has heard.
Mr Justice David Nolan on Tuesday also ordered Mr Burke to pay legal costs incurred by Wilson’s Hospital School and the Attorney General in the proceedings, though Mr Burke continually spoke over the judge as he gave his ruling.
Two of Mr Burke’s family members – his mother Martina and sister Ammi – were removed from the courtroom by gardaí during the hearing.
Previously, following an application by the Attorney General, Mr Justice Nolan made an order appointing a receiver to receive Mr Burke’s salary, and a garnishee order over his bank account for up to €79,100, the amount that was owed by the teacher over his continued failure to abide by court orders prohibiting him from attending at Wilson’s Hospital School in Multyfarnham, Co Westmeath.
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Enoch Burke case: More than €40,000 seized from teacher’s bank account over unpaid fines
The school dismissed him over his conduct when he protested about what he said was a requirement to address a transgender pupil with they/them pronouns.
Mr Burke, who says he is standing up for his Christian beliefs, claims his constitutional right to religious freedom has been breached.
He spent 512 days in prison for failing to comply with a court order prohibiting his attendance at Wilson’s Hospital School. He was released from Mountjoy Prison last December without having purged his contempt, and returned to the school premises following the Christmas holidays.
The court heard on Tuesday that Mr Burke continues to attend at the school premises, with the school indicating that it would seek an attachment and committal order returning him to prison if he continued his “protest” at the school come the start of the next academic year.
On Tuesday, Brian Kennedy SC, for the Attorney General, told Mr Justice Nolan that following his garnishee order, Bank of Ireland transferred “the entire credit balance” – €40,627.89 – of Mr Burke’s bank account to the Courts Service’s fines account.
Mr Kennedy added that Mr Burke’s teacher’s salary is being transferred to the receiver appointed over his bank account. Almost €1,600 in salary payments have already been collected by the receiver, the court heard.
Rosemary Mallon, appearing for the board of management of Wilson’s Hospital School and instructed by Mason Hayes & Curran, opened to the court a sworn statement provided by John Galligan, the school’s acting principal, testifying to Mr Burke’s continued attendance at the school premises.
Mr Galligan reiterates the “significant disruption” caused by Mr Burke’s continued breach of court orders. He states that he was hopeful the enforcement of the fine would result in Mr Burke’s compliance with the order, but he continues to “flout” the court’s directions.
The principal said the school’s board “cannot countenance any escalation by Mr Burke in his behaviour nor any disruption of any kind to the State exams”.
Mr Galligan said if Mr Burke continues to breach the court order come the new academic year in September, the school will pursue “whatever action may be necessary” to protect the normal order of the school, including – “though with great reluctance” – seeking an attachment and committal order. Mr Galligan said he hoped that Mr Burke would “end his protest” at the school.
Mr Kennedy and Ms Mallon said they were both applying for their costs in the proceedings.
Asked by Mr Justice Nolan why he should not make an order against him for costs, Mr Burke began to make a submission on an aspect of the judge’s previous decision, granting the Attorney General liberty to apply for a garnishee order.
Mr Justice Nolan repeatedly asked Mr Burke to deal with the issue of costs.
“This is not a soapbox,” the judge told Mr Burke, “you’re acting like an unruly schoolboy. Will you just deal with the issue before the court?”
Mr Burke continued his submission, stating that no judge has made a “determination ... on the constitutionality of the principal’s demand”, referencing the requirement to use the transgender pupil’s preferred pronouns.
At this point, Mr Burke’s sister Ammi and mother Martina were both removed from the court by gardaí on the instructions of Mr Justice Nolan for their disruption of the hearing. Another unidentified man was also removed from the court.
As Mr Justice Nolan gave his costs ruling, Mr Burke continuously spoke over the judge. The judge made an order for the Attorney General and the school’s costs against Mr Burke, and reserved his judgment on the costs of the receiver.
As Mr Justice Nolan left the bench, Mr Burke and his brother Isaac continued to speak, the latter shouting “shame on you” at the judge.
