A security guard has been employed at a cost of €763 per week to prevent teacher Enoch Burke from getting into Wilson’s Hospital School in Co Westmeath, the High Court heard.
An application to make Mr Burke liable for that cost is to be made by the school, which will be on top of some €225,000 in daily fines. These have been imposed on him by the court for breaching orders not to turn up at the school from where he says he has been unlawfully dismissed.
He did not attend a hearing to deal with his continuing contempt of court. His brother Isaac appeared to say Mr Burke was not present because he was “at his place of work”, referring to Wilson’s Hospital School.
In September, a judge decided against sending him back to prison, saying it would give ”fuel and publicity to his perverted sense of justice" and suggested instead that private security be employed to keep him out. Mr Burke has so far spent more than 500 days in prison for continuing to breach court orders.
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He resumed turning up at the school at the beginning of this term, despite the fact that he is to face a disciplinary panel to decide whether he should be dismissed. A decision is awaited on when a new panel will sit, although Mr Burke has again objected to one of the members of the new panel, the court heard.
He claims his constitutional and religious rights have been breached by the school because he objected to using “they/them” with reference to a transgender student and to use their new name.
Mr Justice Brian Cregan was told on Tuesday by Rosemary Mallon BL, for the school board, that, following the September suggestion by another judge, a security guard was employed by the school to stop him getting onto the property, starting on Monday.
Counsel said that day the security guard recognised Mr Burke in a car that drove up to the school. The guard tried to stop the vehicle but it drove in. After it was parked and Mr Burke got out, the guard directed him to leave but he did not do so. Gardaí were called but did not attend, she said.
On Tuesday morning, around 10.30am, the car containing Mr Burke drove up again and was stopped this time. Mr Burke got out and attempted to walk into the school property but was prevented.
Ms Mallon said gardaí attended and there had been no further update on that position before the case was called in court.
Counsel asked for an adjournment so the school can give the court as much information as possible as it was not known whether what is happening will aid or inflame the situation.
She also said a number of matters have to be ascertained including whether the Department of Education will provide a grant for the security as currently it had to be paid for out of other school commitments.
Mr Justice Brian Cregan said an issue also arises as to whether, in circumstances where Mr Burke is being asked to stop entering the school and still goes through, this amounts to forcible entry. It could be considered a criminal offence.
If there are a number of other parties involved, they might also be committing an offence of aiding and abetting and there should be sequestration of the car involved as the school is in a position to identify who they are, he said.
Isaac Burke told the judge the claim he went through security on Monday was incorrect.
The judge told him he had no right of audience as he was not a solicitor and that Enoch Burke could put that and other matters on affidavit if he wished.
After enquiring with Ms Mallon as to the position on the disciplinary appeal, the judge was told a three person panel had been agreed by the school and a date for the appeal hearing had been requested but there had been no response. The appeal body was separate from the school, she said.
The judge said Ms Mallon should inform the appeal panel that the court has requested a reply by the time the case comes back next week.
The case was adjourned to next week.
