Case No. 6457Civil contempt of court (breach of High Court injunction) · Co. Westmeath

Enoch Burke remains in Mountjoy Prison over refusal to obey High Court order

Teacher Enoch Burke is held in Mountjoy Prison for civil contempt of court over a breach of a High Court injunction, following a case brought by the board of Wilson's Hospital School in Co Westmeath. The board says he deliberately failed to comply with a permanent injunction, which Burke denies, saying the school's direction on referring to a student by a different gender breached his constitutional rights. In September the court committed him to prison indefinitely until he purges his contempt, and it imposed a daily fine of €700 that he has not paid, and he has now spent over 275 days in prison. At a hearing reported on 27 February 2024, Mr Justice Mark Sanfey reviewed his continued refusal to comply, kept the committal order in place, and adjourned the matter to late March while asking the school's lawyers to make submissions on alternatives such as sequestration of his assets, so he remains in Mountjoy Prison.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court27 Feb
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
Enoch Burke, a teacher, is held in Mountjoy Prison for civil contempt of court for breaching a High Court injunction.
Where
The injunction concerns Wilson's Hospital School in Co Westmeath, where Burke is ordered to stay away.
Cause
The school's board asked the court to jail Burke over his alleged deliberate failure to comply with a permanent injunction.
Other details
  • Burke denies the claims and says the school's direction on referring to a student by a different gender breached his constitutional rights.
  • Burke has not paid any of the fines imposed on him by the High Court last year.
  • Burke continues to be paid by the school while he appeals his dismissal.
Sentence
  • In September the court committed Burke to prison indefinitely until he purges his contempt.
  • The High Court imposed a daily fine of €700 on Burke.
When
Burke has now spent over 275 days in prison.
In court
  • Mr Justice Mark Sanfey reviewed Burke's ongoing refusal to comply with earlier orders at a hearing reported on 27 February 2024.
  • Burke refused to give undertakings to comply, and the judge said he saw no reason to alter the committal order.
  • The judge adjourned the matter to a date in late March to review what he called a profoundly unsatisfactory situation.
Investigation
The court asked the school's lawyers to make submissions on alternatives to imprisonment, including sequestration of Burke's assets.
11 statements extracted from the articles
  • whereBurke is to remain in Mountjoy Prison. (irishtimes.com)
  • whenBurke has now spent over 275 days in prison. (irishtimes.com)
  • causeThe school's board asked the court to jail the teacher over his deliberate failure to comply with a permanent injunction. (irishtimes.com)
  • courtHis ongoing refusal to comply with earlier orders was reviewed by Mr Justice Mark Sanfey. (irishtimes.com)
  • courtThe judge adjourned the matter to a date in late March. (irishtimes.com)
  • courtThe court asked the school's lawyers to make submissions on alternatives to imprisonment, including sequestration of the teacher's assets. (irishtimes.com)
  • sentenceIn September the court committed Burke to prison indefinitely until he purges his contempt. (irishtimes.com)
  • sentenceThe High Court imposed a daily fine of €700 on Burke. (irishtimes.com)
  • otherBurke has not paid any of the fines imposed on him by the High Court last year. (irishtimes.com)
  • otherBurke continues to be paid by the school while he appeals his dismissal. (irishtimes.com)
  • otherBurke denies the claims against him and says his constitutional rights were breached by the school's direction on referring to a student by a different gender. (irishtimes.com)

The reporting

newest first
  1. 27 Feb2024
    Enoch Burke still receiving teacher’s salary, court hears, and is to remain in Mountjoy Prison

    Adds that Mr Burke continues to be paid pending his appeal, has paid none of the fines or costs, the judge asked the school to make submissions on alternatives such as sequestration, and the matter is adjourned to late March. Also gives his time in prison as over 275 days.

    convicted, Enoch Burke, male, named, irish (judged from name)Enoch Burke