Enoch Burke's former school has been told it should hire private security to stop the teacher trespassing on the premises - as the High Court ruled he must pay €225,000 in fines.
Rosemary Mallon, barrister for Wilson's Hospital School's board of management, had sought to have Mr Burke jailed, for the fourth time, for failing to comply with a High Court order to stay away.
Judge David Nolan heard that the appeal Mr Burke had taken against his dismissal from the Co. Westmeath school, which was on hold pending a challenge he took over the involvement of ASTI teachers' union leader Kieran Christie, whom Mr Burke accused of being a 'promoter of transgenderism', should take place within the next two months.
Mr Burke was first suspended three years ago, in August 2022, and remains on full pay until his appeal against dismissal can be decided. The suspension followed his reaction to being asked to address a gender-transitioning student by a new name and the pronoun 'they', which included outbursts at a school staff meeting, dinner and chapel service.
Yesterday, Judge Nolan said, recent sworn statements from the school had been 'very light on steps taken by the school to protect its property'.
Ms Mallon said the school had debated the idea of private security but ruled it out on cost grounds, and because it was 'a place of learning for young people'. She said the school had also called in gardaí, but had been told it was a civil matter, not a criminal one.
Judge Nolan said Mr Burke was a trespasser at the school and should be treated as such. He was told the school had tried locking doors, but that Mr Burke had followed staff members in. He had also followed cars through the school gates. Ms Mallon said there were health and safety concerns about locking school exits.
'Could he not be stopped by another teacher?' Judge Nolan asked. She replied: 'Where does it end? If someone tried to stop him by laying hands on him, there could be an issue of assault.'
Judge Nolan queried: 'Is that right? He is a trespasser. Reasonable steps can be taken.'
He continued: 'Everybody seems to be dancing around the issue. The reality is he is a trespasser. People are perfectly entitled to protect their property.'
He said the situation was 'perfectly predictable' and likely to continue, as long as Mr Burke remained in some way an employee of the school.
Judge Nolan observed: 'The whole purpose of jail was not to protect the school. It was for people of the general public to understand that you cannot breach court orders.
'In a number of other judgments, I have ruled that by locking him up we are only giving fuel and publicity to his perverted sense of justice.'
Enoch Burke's brother, Isaac Burke, interrupted, saying: 'That is objectionable. He has valid grounds for disputing the order.'
Judge Nolan said: 'If I put him back in jail, as you [the school] are now seeking, we are back in the same turmoil as before. That is exactly what he wants.'
Ms Mallon said she did not disagree, but the school board was in an invidious position.
Judge Nolan said: 'You are asking the court to act as if this were a criminal matter, and it is not.'
He said while it was not an attractive proposition to have to call private security into a school, neither was it attractive 'to have a trespasser wandering around'. He said the school must consider taking steps to boost its security, and gave Ms Mallon time to get a response from the board.
The judge said that to mark the court's displeasure, and to penalise Mr Burke for his continued contempt of court, he had imposed fines and orders by which to recover the fines from Mr Burke's salary and assets.
Judge Nolan said that, by his own calculations, there were 169 days of fines still due and owing by Mr Burke. He ordered that a receiver should take the appropriate steps to collect €225,000 from Mr Burke.
He also said he would also increase the daily fine for Mr Burke attending at the school from €1,400 to €2,000.
Isaac Burke, his sister Ammi Burke and father Seán Burke stood and shouted to remonstrate with the judge, calling his decision a 'monstrosity'.
Judge Nolan ordered that they be removed from the court by gardaí.
Enoch Burke was not in court for the hearing. In a sworn statement seen by the judge, he said: 'I reject any assertion that I have caused disruption at the school. I have at all times conducted myself in a reasonable and respectful manner.'
The judge listed the case for mention again next month
