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A High Court judge has today ordered the release of teacher Enoch Burke from prison.
It is despite Mr Burke’s continued refusal not to obey a court order not to trespass at his former workplace, Wilson’s Hospital School, in Westmeath.
Mr Justice Brian Cregan said Mr Burke was being released on the basis that the school year was over.
Mr Burke was freed today without purging his contempt or giving any assurance that he would stay away from the school grounds.
Mr Burke has spent more than 700 days in prison so far.
The judge described Burke as an “unwelcome intruder” at the school, in a statement which was critical of the evangelical Christian.
The teacher was formally let go from the school, where he taught German and History, in May this year, following an unsuccessful appeal.
‘THIS DISPUTE IS NOW AT AN END’
The Irish Times reports that the judge noted a “material change” in circumstances when outlining the reasons for Mr Burke’s release, relating to a disciplinary appeals panel’s decision to refuse Burke’s appeal to his dismissal of the school.
Justice Cregan said that Mr Burke had exhausted the internal appeals process, and that the Department of Education has stopped paying his salary.
The judge said that absent any legal proceedings that might be brought by Mr Burke in respect of his dismissal from the school, “this dispute is now at an end, and it is appropriate to release Mr Burke.”
He further said it should now be clear to the teacher that he has “reached the end of the road” regarding the internal appeals process, and that his position as a teacher at the Church of Ireland school is “now prematurely at an end.”
He added that Burke’s release from the school was unlikely to cause disruption at the school between now and September, as it is now closed for the summer break.
Justice Cregan said that the school can bring a new application to have Mr Burke committed to prison if he returns in the new academic year.
He noted that Mr Burke remains in contempt of the court order, and this will continue to be the case until he purges his contempt.
Justice Brian Cregan is to rule later this month on the calculation of fines accumulated by Mr Burke over the course of the dispute with the school.
Further time is to be given to Mr Burke’s mother Martina, sister Ammi, and brother Isaac, to make submissions on a potential order to ban them from attending court hearings in person.
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