THE HIGH COURT has ordered that Evangelical Christian Enoch Burke be brought before it following claims he breached a court order by attending the school where he was formerly employed. 

On Wednesday, Wilson’s Hospital School in Co Westmeath asked the court for orders that could see Burke jailed for the third time for contempt of court.

The court heard that it was becoming increasingly difficult to monitor the former teacher’s activity when he was at the campus and, on one occasion, Burke allegedly entered the school during a staff meeting.

The school claims that the teacher has attended every school-day at its campus since August 22 last, which it claims is “disruptive” to staff and students.

Mr Justice Barry O’Donnell, during Friday’s vacation sitting of the Court, said that Mr Burke “clearly has a case to answer” in relation to the school’s claims that he is breaching an injunction granted by Mr Justice Alexander Owens last year.

The judge, having been satisfied that Mr Burke was properly made aware of the school’s latest application in what has been protracted litigation between the parties since August of 2022, granted the school an order that Mr Burke be brought before the court by the Gardai to answer his alleged contempt.

Mr Burke was not present in Court on Friday, however his mother Martina Burke and Mr Burke’s sister Ammi were in the courtroom.

During the brief hearing, the judge directed members of An Garda Siochana to remove both individuals after they attempted to interrupt the judge.

The judge, who said that the case has a history of interruption and disruption, said that neither had a right of audience in the case and that the court would not tolerate any such behaviour.

However, after both individuals insisted on addressing the judge, he ordered their removal from the court room.

The judge also said that he was only making an order directing that Mr Burke be brought before the court and no further orders in the matter at this point intime.

It was preferable that Mr Burke attend court voluntarily rather than be brought before it following his arrest by the Gardai.

It is not known when Mr Burke will be brought before the court.

Seeking the order Rosemary Mallon Bl for the board that since last Thursday August 22nd last, the school’s board has become most anxious after Mr Burke started attending at the school, in breach of the terms of the injunction which prevents him from trespassing at the facility.

The school was particularly concerned over an alleged incident where it is claimed that Mr Burke entered into a room in the school’s main building where teachers were holding a staff meeting in respect of the school’s Transition Year class.

Counsel said that another concern was that other 3rd parties, who are not journalists and are believed to be supporters of Mr Burke have also started attending at the school.

Counsel said that the school was bringing its latest motion with great reluctance but was doing so because it believes that it has no other alternative other than seek Mr Burke’s attachment and possible committal to prison.

Mr Burke, despite being jailed twice, and been fined by the courts, has no intention of complying with the injunction,

It had contacted the Gardai about Mr Burke’s presence at the school, but claims that it was told by the Gardai that they could not intervene as it was a civil matter.

The German and History teacher was released from Mountjoy Prison, where he has spent over 400 days in two different stints, in late June without purging his contempt.

However, he was warned at the time by Mr Justice Mark Sanfey that the courts would have “no hesitation” in sending Mr Burke back to prison if he was again found to have breached the courts order.

Burke has been in an ongoing legal dispute with Wilson’s Hospital School over what he claims was his refusal in 2022 to comply with the school’s direction to call a then student by a different name and use the pronoun “they”.

The school’s board of management fired Burke after a number of disputes between himself and other staff members over the direction and he was ordered to stay away from the school as a result.

He was jailed, after he refused to comply with the court’s orders to stay away from Wilson’s Hospital School, for contempt of court.

Burke denies all claims of wrongdoing against him and says that his constitutional rights were breached by the school’s direction that he refers to a student by a different gender.

Throughout this legal battle Mr Burke has claimed that he has been imprisoned because he was being punished for his religious beliefs and his opposition to “transgendarism.”

Mr Burke was last jailed in early September 2023 over his refusal to comply with the permanent injunction, made the previous May by Mr Justice Alex Owens.

He did not appeal that order to the Court of Appeal but did make an application earlier this year to the High Court seeking to set aside the injunction on the grounds that it was flawed and unconstitutional.

That application was dismissed by the High Court.

During his first stint behind bars, he spent over 100 days in Mountjoy between September and December 2022.

Following his suspension from his teaching position in August 2022 Mr Burke was sued by the school over his failure to comply with a previous court order which also required him to stay away from the school while he was suspended from his job.

He was released in December 2022 without purging his contempt.

He again started attending at the school after the Christmas holidays, and the High Court imposed a daily fine of €700 on Mr Burke.

However, arising out of his failure to stay away from the school when the 2023-24 school year commenced and considering Mr Justice Owens’ order, Mr Burke was again jailed for contempt.