Enoch Burke has lost a legal action aimed at setting aside a previous order of the High Court to stay away from Wilson’s Hospital School in County Westmeath.
Mr Burke argued it was in breach of his constitutional rights but today's judgement found it to be a “valid order" which must be obeyed.
The order in question, refraining Enoch Burke from entering or trespassing on premises at Wilson’s Hospital Hospital, was made by Mr Justice Alex Owens last year.
After repeatedly turning up at the school in defiance of the order, Mr Burke was sent to prison for a second time just a few months later.
Enoch Burke never appealed the decision of Mr Justice Owens.
Instead, he argued last month that a breach of his constitutional rights gave rise to “truly exceptional” circumstances, which paved the way for Mr Justice Mark Sanfey to set aside his colleague’s order.
The school described his application as a “proxy appeal” devoid of merit.
Today Mr Justice Sanfey agreed, describing a characterisation of the application as an “abuse of the processes of the court” as justified.
He found the order to be valid and said Enoch Burke must comply with it or face the consequences.
Main image: Enoch Burke (centre) arrives at the Four Courts in Dublin, 8-9-23. Image: Sam Boal / © RollingNews.ie
