‘Rough’ figure on Enoch Burke fines above 268,000 euro, judge indicates

A judge is to rule next week on potentially hundreds of thousands of euros in fines accrued by dismissed teacher Enoch Burke.

The fines have arisen from breaches of court directions ordering him not to trespass at Wilson’s Hospital School.

The High Court heard on Wednesday the board of management of the Co Westmeath school had put the level of fines at 452,100 euro – while a judge’s “rough” calculations on “fairer” criteria landed at 268,600 euro.

The final judgment is due to be made next week.

The former history and German teacher has been engaged in a high-profile legal dispute with the school since 2022.

He was suspended following incidents arising from a request from the school’s then-principal to address a student by a new name and pronoun, and later dismissed from his position.

Mr Burke has repeatedly argued the direction was unconstitutional and went against his right to express his religious beliefs.

He has spent more than 700 days in prison over different periods of detention after he was found to have violated court orders instructing him not to trespass at the school – and judges have also made orders relating to fines for such breaches.

On Wednesday, Rosemary Mallon SC, for the school’s board of management, told the High Court it had calculated a total figure of about 452,100 euro in fines.

This was based on orders relating to the number of days Mr Burke refused to purge his contempt of court and the different level of fine which have applied over the past four years – which had increased from 700 euro to 1,400 euro and 2,000 euro per day following subsequent orders from judges.

She said the school had taken a conservative approach to calculating the figure as there had been a lack of clarity over a change of personnel throughout that period.

However, Mr Justice Brian Cregan took issue with the calculations and said he did not believe it was the intent of the orders to include school holidays and weekends.

He said Mr Burke could only trespass at the school on days it was sitting and it was the “import” of the orders that he would be fined for breaches of court orders by trespassing.

Outlining the school’s figures, Ms Mallon said a fine of 23,800 euro was previously fixed for a period between January 27 and March 1, 2023.

This was calculated at 34 days on a 700 euro rate – which would include weekends and holidays.

Ms Mallon said the next period related to March 2 and May 19 2023 – amounting 55,300 euro for a total of 79 days.

This would put the total fines for the year at 79,100 euro.

Mr Justice Cregan said he was “reluctant” to amend the first 23,800 fine but asked the school to recalculate excluding holidays and weekends.

On the next period from March to May in 2023, the judge said he had arrived at an approximate figure of 28,000 when his exclusions for weekends and holidays were considered.

There were no fines for 2024, the court heard.

Ms Mallon calculated fines between February 21 2025 and September 3 at 225,000 euro – in light of an increase in the rate of the fine.

However, the judge argued the increased rate had been in effect since January 6 and said that, on his “rough calculation”, the fine should total 212,800 euro between January and November of last year.

The court also heard there were two further days in January of this year that Mr Burke attended the school, which would have been after a 2,000 euro rate was ordered.

Including the 23,800 euro that the judge was “reluctant” to change but had asked the school to examine, his “rough” calculations add up to 268,600 euro.

Mr Justice Cregan asked the school to recalculate its figures excluding school holidays and days Mr Burke was in court.

He said this “should yield a more accurate figure and a fairer figure” for Mr Burke.

Ms Mallon said the school was “acutely aware of the significant sums in these fines regardless of how they are calculated”.

Mr Burke, who appeared by videolink from Castlerea Prison, said the only relevant period of calculation was the “four long years that the court has remained silent” on issues relating to his freedom of religious expression relating to not using the “they” pronoun.

The judge told him he was a “highly experienced litigant” who “must understand” the court deals with issues put in front of them.

He said Mr Burke had previously brought a counter-claim against the school which would have been the “critical point” to argue his constitutional case, but said he had instead committed repeated breaches of court rulings and failed to reappear.

He said the matter had been struck out because he did not prosecute his counter-claim.

He said he had been repeatedly telling Mr Burke that: “If you want to bring a constitutional case, bring a constitutional case and then the court will deal with that matter – but to date you have failed to do so.”

During the hearing, the court also heard Mr Burke is no longer receiving a salary from the Department of Education and had received his final payslip.

However, the court was told Mr Burke was challenging this.

Mr Justice Cregan said he is also considering making an order preventing Dr Isaac Burke, Martina Burke and Ammi Burke from attending the proceedings in person and instead limiting them to remote attendance.

He told Mr Burke to tell them they could make further submissions before his decision next week.

Mr Justice Cregan also gave Mr Burke three opportunities to give an undertaking not to trespass at the school.

Mr Burke again questioned whether the court would deal with the issue of the “they pronoun”.

He said he had “done nothing wrong” and described himself as a “teacher of German and history at Wilson’s Hospital School”.

Mr Justice Cregan said he had given Mr Burke opportunities to purge his contempt and adjourned the matter until next Wednesday.

On the issue of Mr Burke’s ongoing imprisonment, the judge asked Ms Mallon for the school’s view.

She said it had no desire for Mr Burke to be in prison but said it had a “real apprehension” that he would “trespass yet again” after the summer break.

She said it appeared at this moment in time that the only way to prevent that was “unfortunately through his imprisonment”.

The judge said he would reflect on the matters over the next week and give a judgment at 10am on Wednesday.