Bank of Ireland has been ordered to pay €40,000 from teacher Enoch Burke’s bank account to the court service within seven days. Mr Burke owes some €79,000 for being in contempt of court by attending Wilson’s Hospital School in Westmeath, with the €40,000 to be paid as a part payment of those fines.
The High Court heard today that a receiver appointed over the teacher’s salary may be permitted to seize his other assets as the funds in his frozen bank account – €40,000 – are insufficient to meet the fines imposed on him.
Last week, Mr Justice David Nolan had ordered that as an alternative to sending Mr Burke back to prison, steps would be taken to ensure the fines owed would be paid, with a receiver subsequently appointed over his salary, as well as freezing orders in his bank account.
Mr Justice David Nolan was ruling on an application to take funds from the teacher’s bank account, making a “conditional” order imposed last week into an “absolute” order – ruling that Bank of Ireland must make the payment within a week. The court further granted a discovery order sought by lawyers for the Attorney General, directing the bank to provide further details on activity on Mr Burke’s account.
Mr Burke’s appeal of his dismissal from the school has not yet been heard, pending the outcome of other proceedings taken by Mr Burke in the Court of Appeal. He has spent more than 500 days behind bars, and continues to show up to the Westmeath School, which last week, was awarded with a Belong To award for LGBT inclusion.
As reported by RTE, Mr Justice Nolan told Mr Burke that he had not offered any reason why the order should not be made absolute. Meanwhile, Mr Burke made submissions relating to the reasons he had been suspended from the school in 2022 – adding that his belief in male and female, a religious belief, was protected by the Constitution.
However, the judge responded: “We had moved on from that” – while telling Mr Burke that he had run out of patience with him. He said he was making the order “on a proportional and reasonable basis.”
Speaking following this morning’s hearing, Mr Burke said the hearing was “horrific”.
Mr Burke claimed that he was “interrupted” and “not allowed to speak” and that the judge “wouldn’t look at me.” He had been accompanied today by his mother Martina, brother Isaac, and sister, Ammi.
“The whole problem here is that an underlying constitutional issue has not been addressed,” Mr Burke stated. “It was a disgraceful scene,” he said.
Mr Burke claimed that the judge had “plunged into” a pre-prepared ruling, adding: “This is the new court room. You come in, your bank account is emptied, your assets are taken away from you, and you’re not even allowed to say anything. My savings of many years, my salary, and I’m not even allowed to open my mouth […] this is the society we’re living in.”
Mr Burke said that he was not permitted to read out his written submission in court.
“This is a sad state of affairs,” Mr Burke added.
The case will be back in court in a fortnight.