Jailed teacher Enoch Burke will not for now be prosecuted for criminal contempt over his repeated disruption of court proceedings, Attorney General Rossa Fanning told the High Court today.
The Attorney General said some regard had to be given to the likely outcome and benefit of criminal contempt proceedings.
He noted that Mr Burke was already in prison for contempt over continuing to trespass on Wilson’s Hospital School.
He also referenced the amount of court time taken up with this case, the cost in legal representation to the taxpayer and the alternative remedies such as removal from court and the power of gardaí to prosecute for disruptive behaviour.
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Mr Burke has been imprisoned for more than 500 days for his refusal to comply with a court order restraining his attendance at Wilson’s Hospital School.
Mr Fanning said contempt proceedings “may reinforce an unfounded sense of martyrdom but are unlikely to provoke any Damascene conversion” in light of the history of the engagement with Mr Burke, even if they led to “relatively modest” fines or imprisonment given that the proceedings were summary in nature.
Mr Burke’s family members will also not face prosecution for criminal contempt.
Mr Fanning made a rare personal appearance in the courts because this was a matter of public interest and in response to Mr Justice Brian Cregan’s request that criminal contempt be considered by the Attorney General against Enoch Burke, his siblings Isaac and Ammi and their mother Martina.
Mr Fanning said he had carefully considered the transcripts and a number of High Court judgments on this matter and come to the conclusion that he should not at this time initiate criminal contempt proceedings.
This case had raised “troubling questions about the adherence to the rule of law” and that court orders must be obeyed, and disruption by lay litigants or anyone else is to be condemned, he said.
In response, Mr Justice Cregan thanked Mr Fanning, but said he did not believe the transcripts had reflected the tone and tenor of what had happened before his court in recent months.
He said he would reflect on the attorney’s comments over Christmas and the court could still, of its own volition, consider bringing such proceedings.
The court also heard that a disciplinary appeals panel heard Mr Burke’s appeal against his dismissal on Saturday and will give its decision within 10 school days, which means it could be after Christmas.
The judge said the case would be adjourned to early January for an update on the appeals panel outcome.
Mr Burke, speaking via video from Mountjoy Prison in Dublin, said people should not think that just because the appeals panel will make a decision that this would be all over. He also refused to give an undertaking not to trespass on the school if released.
More to follow
