Gardaí will not arrest Enoch Burke, despite his continuing trespass on Wilson’s Hospital School, unless he engages in threatening behaviour towards a security man whose efforts to prevent him getting on the property has so far been unsuccessful, the High Court heard.
Mr Justice Brian Cregan has said he would consider next week sequestering a car used by Mr Burke or members of his family which also got on to the Co Westmeath school’s grounds. He would also consider whether contempt of court proceedings can also be brought against members of the family who get on to the grounds.
The case by the school against Mr Burke was back again on Wednesday before the judge to consider whether an order should be made to have him arrested and brought before the court to explain why he should not be jailed for continuing contempt of orders not to trespass on the property.
Mr Burke did not attend court. His brother Isaac, accompanied by his father Sean, attended to say Enoch was not in court because he was “at his place of work”. Isaac said Enoch had not done anything wrong but would not use a certain pronoun to address a young child.
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Isaac was warned repeatedly he did not have a right of audience in the court as he was not a party, but his brother did. After repeatedly trying to make contributions, the judge rose for five minutes and Isaac agreed to be escorted out of the courtroom by gardaí.
When the judge returned, Sean Burke tried to intervene but was warned in a similar manner by the judge that he would be removed. He left voluntarily shortly afterwards.
The Enoch Burke case started three years ago after, as a teacher in Wilson’s Hospital School, he refused the then-principal’s instruction to teachers to refer to a transgender student by the they/them pronouns and a new name. Mr Burke subsequently spent more than 500 days in prison for repeated contempt of court orders not to trespass on the school.
The court has heard security was employed by the school on Monday, October 13th, to try prevent him getting on the premises. He was driven through in a car on to the grounds, despite the security man’s efforts to prevent it.
This activity, either involving the Hyundai car or Mr Burke getting out of the car to walk on to the grounds – where he usually stays until around 4pm – has continued since then, the court was told.
As a result of a video of a foreign national security staff member trying to deal with Mr Burke being posted online, racist comments were posted underneath. Barrister for the school, Rosemary Mallon, told the court the security firm has warned that this may present difficulties in trying to provide personnel to attend the school.
Last week, counsel said, a Caucasian security man replaced the foreign national, but Mr Burke still managed to get on to the grounds.
Affidavits from school principal Noel Cunningham and board of management chair Christopher Woods outlining efforts to prevent Mr Burke getting on to the grounds were read to court.
It heard gardaí who arrived on October 15th told the principal they were uncomfortable arresting Mr Burke as they were not sure if he was trespassing and he had not committed a crime. They said they would have to talk to their superiors.
Later, one of the attending officers rang back and said the Director of Public Prosecutions could not bring a prosecution unless a second offence of threatening or abusive behaviour occurred. The garda also said the security guard should not voluntarily engage physically with Mr Burke.
The court heard Mr Burke had sworn an affidavit in reply to the school’s affidavits, and said the security reports were incorrect in relation to him and he was not driving the car on the day claimed.
Ms Mallon also told the court a disciplinary appeals panel which will hear Mr Burke’s appeal against his dismissal has now given November 8th as the date for the hearing. There may, however, be a challenge by Mr Burke to the composition of that appeals panel, the court heard.
He successfully challenged a previously appointed panel after claiming one of its members was a supporter of transgenderism.
The judge said the November appeals hearing should go ahead and hopefully “this agony can end”.
The judge also said he would entertain an application that the school receive money from the court-ordered retention of Mr Burke’s salary and orders over his bank account to pay daily fines – totalling more than €225,000 – for his continuing breach of orders.
The judge also said he had also seen footage on RTÉ news of the security guard’s interaction with Mr Burke and he was of the view the guard behaved impeccably despite the actions of Mr Burke.
The case was adjourned to next week.
