Judge says Attorney General can apply to deduct Enoch Burke's contempt fines from his salary

High Court Reporters

Teacher Enoch Burke could face the prospect of having court fines for contempt of court being deducted from his €48,000 Department of Education salary.

A High Court judge on Friday gave the Attorney General liberty to move an application for a conditional order of Garnishee attaching to Mr Burke’s salary to answer the fines imposed by court over a continued breach of orders requiring him to stay away from Wilson’s Hospital School.

Mr Justice David Nolan said it seemed to him the Attorney General, in the public interest, should intervene.

The judge also directed that Enoch Burke given details of all his assets and income in an affidavit by the end of this month so that the court can consider his means. The judge said it was clear to him Mr Burke has no intention of abiding by the court orders.

“He has not changed or altered his behaviour in any way, notwithstanding his imprisonment for over 500 days. As I said previously, he seems to regard himself as a martyr. His most recent letter, yet again, seems to deliberately miss the point.

He seems to think that this is an attempt to force him to recognise or approve of matters which he regards as abhorrent to his religious beliefs.

"That is simply not the case,” the judge said.

Mr Justice Nolan added: “All the court is trying to ensure is that he, along with all the other citizens of the state, abide by the rule of law. He has refused to do that because he thinks he is above the law or that by acting in the manner in which he is acting, he will achieve some advantage.”

The judge said the court must now consider alternative methods to ensure compliance with its orders.

Mr Burke remains on full pay pending his appeal against his dismissal. In all he has spent over 500 days in prison over three separate periods and was most recently released in December of last year.

The High Court previously imposed a €700 a day fine on Mr Burke and Mr Justice David Nolan said that there is a total of €79,100 now owing to the State.

Mr Justice Nolan also said he was satisfied the fine previously imposed has not had the desired effect and he will consider increasing it to €1,400 a day.

The case will come back before the court again on March 7 next.