Why was he jailed in the first place? This was the question that was left under one of the videos on my YouTube channel.
Here is what I told him.
1. An employer is entitled to suspend an employee on full pay to carry out an investigation into allegations of misconduct.
That’s what Wilson’s Hospital school did in the first place.
2. Once the employee is suspended he/she is asked to stay away from the premises until the investigation is concluded.
This is for many reasons, including the danger of the suspended employee influencing witnesses, causing disruption in the workplace etc.
3. The employee in this case, Enoch Burke, did not stay away and was, according to the school, a disruption to the children’s education and to the smooth the running of the school.
4. The employer went to the High Court to get an order to get the employee to stay away.
5. The High Court granted the orders sought ordering the employee to stay away from the school until the investigation was completed.
6. The employee continued to attend the school in breach of the High Court orders
7. The High Court jailed him for contempt of court as the whole shooting match of legal system and democratic rule in the country would come tumbling down if any individual can simply pick and choose the laws and High Court orders he/she will adhere to.
8. That’s why he was jailed.
9. Then he was released because the Judge formed the opinion that Mr Burke was using his incarceration in Mountjoy Jail for his own advantage. The Judge did not make clear what he thought that advantage was, but the implication was it was Mr Burke was willing to tolerate and he remained unwilling to purge his contempt to be released.
10. Nevertheless, he was released anyway just before Christmas.
11. After the Christmas school break Mr Burke has shown up again on the school grounds.
12. The High Court judge, Mr Justice Brian O’Moore, has described this as “pointless” and “surreal” and has imposed a fine of €700 per day to persuade Mr Burke to stay away.
13. It is not working as Mr Burke continues to show up at the school.
Here is the full decision of the High Court imposing the daily fine.
Interestingly, the Judge made reference to the legal costs arising from a “slew” of legal actions in the dispute. He is to address this matter on the 10th February 2022.
You would have to think that Mr Burke’s continued breach of the High Court orders will not help him when it comes to a determination of costs in this case.
That remains to be seen and is a matter for the High Court judge dealing with the case.