Jailed teacher Enoch Burke and three members of his family will not be prosecuted for criminal contempt related to disruptions in court proceedings, Attorney General Rossa Fanning announced today.
Disruptions in Court
The Attorney General was asked by Mr Justice Brian Cregan to consider criminal contempt proceedings against Enoch Burke, his siblings Ammi and Isaac, and their mother Martina, due to repeated disruptions that required intervention from gardaí.
Fanning stated he appeared in court to explain his decision not to prosecute at this stage, citing the matter’s public interest. He emphasized that court orders must be obeyed and deliberate disruption is unacceptable.
Enoch Burke’s Imprisonment
Enoch Burke has been jailed for civil contempt on four occasions, totaling over 530 days, for refusing to cease trespassing at Wilson’s Hospital School in Westmeath, which dismissed him. A decision regarding his appeal to an independent appeals panel is pending.
His dismissal stemmed from a 2022 dispute with then-principal Niamh McShane regarding a request to address a transgender pupil by a new name and pronouns.
Rationale for No Prosecution
Criminal contempt, Fanning explained, involves behavior intended to prejudice justice or contempt in the face of the court. He had thoroughly reviewed transcripts and recent judgments, acknowledging the case raises concerns about adherence to the rule of law.
Fanning argued that pursuing criminal contempt against Burke would be futile, as any resulting punishment would likely replicate the existing civil contempt orders – fines exceeding €225,000 – and Burke “is his own jailer.”
Similar reasoning applied to the family members, with Fanning noting a judge would determine if criminal contempt thresholds were met and alternative remedies, such as removal from the courtroom, exist.
He also cited the disproportionate amount of court time consumed by the case, the burden on the President of the High Court’s schedule, and the associated taxpayer costs.
Fanning expressed doubt that contempt proceedings would change Burke’s behavior, suggesting they might even reinforce a “sense of martyrdom.”
Court Response and Appeal Update
Mr Justice Cregan thanked Fanning but stated the court transcripts did not fully capture the tone of the disruptions. He reserved the right for the court to independently consider contempt proceedings.
An appeals panel heard Enoch Burke’s appeal against his dismissal on Saturday, with a decision expected within 10 school days, potentially after Christmas.
The case was adjourned to early January for an update on the appeals panel outcome, as it may affect Burke’s imprisonment.
Burke, appearing via video link from Mountjoy Prison, argued the school board presented a new rationale for his dismissal, differing from the original letter. He also refused to commit to not trespassing on school grounds if released and will remain in prison.
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