Enoch Burke released from prison as judge doubles fine for showing ...

Teacher Enoch Burke has been released from prison but a judge has doubled a €700 a day fine previously imposed on him by the High Court for every day he continues to turn up at the school where he had worked.

Mr Justice David Nolan also directed that representatives of the Department of Finance and the Attorney General should attend court in January to explain what mechanism can be put in place to collect some €193,000 in fines now owed by him since he first breached the order to stay away from Wilson’s Hospital School in Co Westmeath.

Mr Burke continues to be paid his full salary as a teacher, pending the outcome of an appeal over his sacking, while also costing the State €84,000 a year to keep him in prison, the judge said. He was well into his second year in prison before his release on Friday.

The judge told him he was engaging in a “terrible waste” of his life similar to the parable in the Bible of the servant who refused to use his talents. He referred to Matthew chapter 25:14-30 when deciding it was no longer in society’s interests, for the moment, to keep Mr Burke in jail, particularly over Christmas.

“It is clear to me that he has been persuaded by others that he is best seen as a martyr,” he said.

The judge said Mr Burke was in jail “because he chooses to be” over some misconceived belief that he is there because of his religious beliefs. The judge said “nothing could be further from the truth” and he was in jail because he refuses to obey the law of the land.

During what was a review of his continued jailing for contempt, Mr Burke continuously spoke over Mr Justice Nolan as he gave his judgment. Mr Burke complained about a remark the judge made at the outset of the hearing that he would remove anyone who interrupted proceedings and prohibit them from returning to the case. This was in view of an interruption by Mr Burke’s mother, Martina, during the October review of his contempt case.

Mr Burke, with members of his family in the court beside and behind him, continuously spoke over the judge telling him to withdraw the remark about “banning” members of the public from court.

“You know that is illegal,” he said, citing a Supreme Court judgment.

Mr Burke, who is awaiting the result of an appeal over his dismissal from Wilson’s Hospital School in Multyfarnham, Co Westmeath, claims he is in prison for taking a stand against transgenderism according to his Christian religious beliefs

Alex White SC, for the school, said his client never wanted to see Mr Burke in prison and, as the school is now closed until January 6th, he did not wish to see him there given the time of year.

The judge said the power of the court to impose coercive measures to ensure compliance with its orders is essential for the benefit of all and for the rule of law is effective. He said he had concluded that this is one of those very rare cases where coercive imprisonment should stop, at least for the moment.

It is on the basis that the school can return to court to seek his further jailing, “or any other appropriate measure”, in the event he does not comply.

The judge put the matter in again for mention next month.  He awarded costs to the school its costs and wished everyone a Happy Christmas before he rose.

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