Judge considering whether Enoch Burke in criminal contempt of court

By Cillian Sherlock, PA

The High Court should consider “afresh” whether Enoch Burke should be committed to prison for contempt of court again, a judge has said.

Mr Burke has previously been sent to prison for contempt of court following a dispute with Wilson’s Hospital School.

The board of management of the Co Westmeath school and Mr Burke have been entangled in a legal dispute stemming from incidents over a request in 2022 from the school’s then-principal to address a student by a new name and pronoun.

Mr Burke, an evangelical Christian who was a teacher of German and history at the school, has repeatedly argued that the direction was unconstitutional and went against his right to express his religious beliefs.

The school has been granted injunctive relief, restraining him from attending the school, but he continues to attend in breach of the order.

These things happen in litigation

Courts have heard he has been fined in excess of 200,000 euro in relation to the dispute.

The matter was before the High Court in Dublin on Wednesday where Mr Justice Brian Cregan made directions to the involved parties for further submissions and affidavits on a range of matters including social media videos that were made by members of the Burke family at the school, the sequestering of vehicles Mr Burke used to go to the school, and further incidents of trespass at the property.

He also sought submissions relating to a possible garnishee order for Mr Burke’s salary to pay off debt owed.

The judge told Mr Burke that he believed the court should consider “afresh” whether committal to prison would be an appropriate remedy in the matters.

He said this arose out of the plaintiffs submitting considerable evidence in relation to continued trespass and difficulties with security guards.

He later told the defendant that he would also consider whether his behaviour in court amounted to criminal contempt.

Mr Justice Cregan asked gardaí to escort Mr Burke’s mother Martina, sister Ammi and brother Isaac out of the court following repeated interruptions in the proceedings.

The family members contended that Mr Burke was due a judgment during the sitting and that the judge was “pulling the strings” by giving directions to the school’s board of management on submissions to be made.

Representing himself, Mr Burke said he had come to court expecting to hear a judgment but instead heard the judge giving “absolutely and utterly premature” orders.

He also asked Mr Justice Cregan to address a complaint relating to a different judgment on the matter that was made by Mr Justice Alexander Owens.

He accused Mr Justice Cregan of being in “open revolt”, adding that the judge was getting his “horse and footmen ready”.

He said it was “astonishing” that the judge was giving instructions and “coaching” the board of management on their submissions.

Mr Burke said there was a “carnival of orders” for the board to “get their act ready for the final execution”.

Mr Justice Cregan said he had come to no decisions and would consider all submissions in the case.

The judge reiterated that he had made directions to parties involved in the case rather than orders.

He said: “These things happen in litigation.”

He said he was doing this to provide clarity to the issues Mr Burke is facing as well as to provide him with the appropriate procedural safeguards.

Mr Burke said he did not believe “in the slightest” that the judge had not already come to a conclusion.

He said the judge was engaging in “open mockery” and had directed the school to have the “noose ready”.

He added: “Only a fool would believe that you are still making up your mind considering what was coming out of your mouth here today.

“You’re simply making a fool out of me.”

Mr Justice Cregan said it was open to Mr Burke to make further submissions.

After Martina Burke accused the judge of being a liar, Mr Justice Cregan said he was not going to tolerate constant interruptions and she was escorted from the court by gardai.

Mr Burke said the directions were about getting imprisonment ready for him again.

He said he wanted a judgment in the case “this very hour” and told Mr Justice Cregan to take a smirk off his face.

The judge told the defendant he was “ridiculous”.

Ammi Burke was taken from the court following further interruptions.

When the matter returned, Isaac Burke quoted from Galatians in the Bible and said: “God is not mocked.”

He told the judge he was not afraid of him before he too was removed from the proceedings.

Mr Justice Cregan rejected Enoch Burke’s assertion that he was entitled to a judgment during the sitting.

Mr Burke said: “I’m not a fool and I’m not going to be taken for one.”

Mr Justice Cregan said he had given Mr Burke “considerable latitude” but would consider whether his behaviour amounted to criminal contempt.

The judge gave the parties several days to file submissions and said the matter would be back for another hearing on Wednesday November 12, with a view for judgment on Wednesday November 19.

After roughly an hour of exchanges, the judge said the matter had concluded for the day and rose.

However, Mr Burke stayed in the courtroom during the brief recess and went on to interrupt the judge’s next case involving Councillor Gavin Pepper and Pepper Finance.

Mr Justice Cregan warned Mr Burke multiple times to desist from interrupting before asking gardai to remove him from the court.