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Enoch Burke turns up to school again despite sacking - read OP before posting

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  • Registered Users Posts: 5,058 ✭✭✭Irish Aris


    Open to correction, I think that the fine is for his contempt of court, so it is irrespective of whether he shows up at the school or not, weekends count as well etc.

    Haven't heard anything regarding your earlier mention of the school being asked how many days he showed up, admittedly though I haven't followed the story closely the last couple of weeks as I don't feel is that newsworthy anymore. It doesn't look like he will stop showing up at the school, not sure though what he hopes to achieve anymore or even if he hopes to achieve anything or it is just "a dog with a bone" mode...



  • Registered Users Posts: 14,452 ✭✭✭✭Dav010


    The judge asked WHS to submit the dates he has turned up, in contempt of the court order. We can only assume that those dates are important, why would he ask for them if they weren’t?



  • Registered Users Posts: 13,393 ✭✭✭✭ArmaniJeanss


    I edited my post to include the judges February ruling. Article 42 makes it clear that fines continue to rack up regardless of Saturday/Sunday/MidTerm/DuvetDays.



  • Registered Users Posts: 13,393 ✭✭✭✭ArmaniJeanss


    pdf (courts.ie) Actual ruling again, article 42.

    That the judge in your link above asked for a list of each breach of the injunction is a different issue to the fines for contempt.



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  • Posts: 1,539 ✭✭✭ [Deleted User]


    Read the Judgement yourself Dav010. It's online if you can be bothered to go looking for it. But here's a screenshot that summarises it.

    It is daily fines for contempt of a court order. Which is why weekends, bank holidays, school closures, are al included, for each day he does not purge his contempt.

    As for the rest - wasn't it the word "accost" you objected too last time? This time its "bullying".

    I'm simply not going to waste any time or energy engaging any further with your particular brand of pedantry.

    Putting you on ignore.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    Those would be the days that the does, or doesn’t, turn up at the school. The Court Order was issued on the grounds that he must stay away from the school. The accumulation of the fine is what is expected to have him purge his contempt of Court -

    ENOCH BURKE HAS refused to say if he will purge his contempt after the High Court ruled that he should be fined €700 for every day he refuses to comply with a court order to stay away from Wilson’s Hospital Secondary School.

    In his judgement today, Mr Justice Brian O’Moore said that he was giving Burke, who was purportedly dismissed from the school last week following a disciplinary hearing, until tomorrow to decide if he wishes to comply with the order directing him to stay away from the Co Westmeath school.

    https://www.thejournal.ie/enoch-burke-wilsons-school-5979492-Jan2023/

    Article from Jan 26th.

    Dav’s interpretation is correct on both counts, as the articles Louze refers to, refer to the ongoing row, not the specific incident between Enoch and the Principal.



  • Registered Users Posts: 5,058 ✭✭✭Irish Aris


    That's not what the court decision says.

    As per earlier post by Armanijeanss, the wording of the judges decision specifically links the fine to the contempt of court.

    I would argue that the journal article is innacurate.



  • Registered Users Posts: 40,413 ✭✭✭✭ohnonotgmail


    A row requires 2 people. One person verbally abusing another is not a row.



  • Registered Users Posts: 14,452 ✭✭✭✭Dav010


    A row is a serious disagreement between people or organisations.

    I’d say WHS seriously disagree with Enoch Burke on this matter, wouldn’t you?



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  • Registered Users Posts: 40,413 ✭✭✭✭ohnonotgmail


    The abuse was one way. There was no row between the school and Burke over how to address a transgender student. The school didn't stoop to burkes level.



  • Registered Users Posts: 283 ✭✭GarfieldandPookyBear


    They are important to show that he is regularly breaching the judges order for him to stay away from the bloody school!



  • Registered Users Posts: 13,393 ✭✭✭✭ArmaniJeanss


    Honestly dude, this is one of those things where people have two choices on which to believe.

    Choice A is the text of the actual judges ruling, published on the courts.ie website, carefully written by an expert (the judge) to be a definitive legal text leaving no room for mis-interpretation or confusion.

    Choice B is to go with a lowly-paid court reporter untrained in the law, and what they think may have been said by the judge on the day, and was subsequently edited by a journal.ie intern to fit a 500-word article.



  • Registered Users Posts: 21,351 ✭✭✭✭Water John


    Well it's EB disagreeing with the school. The school being the deciding body. They made the rules. and are charged with making them. EB challenged their decision and used vociferous means to do that.



  • Registered Users Posts: 14,452 ✭✭✭✭Dav010


    And the contempt is linked to his refusal to agree not to attend WHS. His attendance is the manifestation of that contempt. I really can’t see how the two can be seperated. He refused to agree not to attend the school, the fact that he continued to do so in contempt of the court order is the reason for the fine. Had he not attended after the initial court order, there would have been no need for the judge to impose the €700 per day.

    Going back to Louezes initial post about journalistic misrepresentation, if he wasn’t turning up at the school, there wouldn’t have been a need for the court order, and there would be no contempt of court. The fact that he did initially, and continues to attend the school is why the order/fine were necessary.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    Choices C, D, and E are to go with whatever way whoever wants to can interpret the Judge’s ruling for themselves and claim that because the fine IS linked to the contempt of Court, that means the fine is FOR contempt of court, when the fine is actually based upon the number of days Enoch does, or doesn’t, turn up at the school, based upon an order that Enoch stay away from the school. The Judge could have jailed Enoch for contempt of court, but that doesn’t appear to be an effective remedy. Eventually the fines will have to be paid, however they are paid. It’s a better alternative than permitting Enoch to play the martyr.



  • Registered Users Posts: 5,058 ✭✭✭Irish Aris


    But the wording of the decision doesn't make any mention on attendance. It specifically says:

    "He will then be subject to a fine of 700 euro for every day or part of the day that passes until he purges his contempt or until the relevant part of the order of Barrett J is vacated".

    I would think that for the fine itself that attendance at school and the contempt of court are considered separately, otherwise the court decision would have mentioned school attendance in their ruling. But I'm not a lawyer so I can't be sure. I would certainly though wouldn't take any news article as gospel or beacon of absolute truth. The reporting of this topic has been all over the place from day one - possibly on purpose as it generates discussion, clicks and online sharing of articles which is beneficial for the media outlets.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    The relevant part of the order is the part that orders Enoch to stay away from the school. Enoch’s continuing to attend the school is showing contempt for the Court. The fine was intended to curb his behaviour since jailing him appeared to have the opposite of it’s intended effect.



  • Registered Users Posts: 470 ✭✭archermoo


    The judge also noted that the fine would amount to almost €5,000 per week. Meaning that he would be getting fined 7 days a week, not just on days that the school was in session. But I don't think the sealion in question really cares about that.



  • Registered Users Posts: 283 ✭✭GarfieldandPookyBear


    It is separate though. Contempt of court stands until it is purged by either the person in contempt or the judge. It doesn’t make any difference if he is obeying the court order. He literally has to tell the judge “I purge my contempt.” You may not like it or understand it but it’s the way it is.



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  • Registered Users Posts: 14,452 ✭✭✭✭Dav010


    Ah here, cut the sealion crap. I was responding to a poster who had issues with accuracy of reporting yet hasn’t been able to confirm that the principal accused anyone of bullying and the court order/fine irrefutably relates to turning up at the school, if he wasn’t doing so, there would be no court order nor fine for contempt of a non existent order.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack



    The school is ‘in session’ 7 days a week 24 hours a day though? It’s a boarding school, not the typical 9 to 4 Mon - Fri school hours -

    http://www.wilsonshospitalschool.ie/page/Residential-Boarding/13718/Index.html



  • Registered Users Posts: 28,353 ✭✭✭✭looksee


    I don't know why I am bothering but:

    Whether or not anyone was actually accused of bullying is irrelevant. He was suspended because of his grossly inappropriate and unprofessional behaviour in the school and towards the Principal. I personally don't think bullying is the most accurate term to use, but it really doesn't matter, none of this hinges on the meaning of the word bullying.

    Of course the court order and by extension the fine are related to him turning up at the school, same way that the whole business is related to Burke's views on transgenderism, and his subsequent melt down, that's where it started. However the fines are directly related to his contempt of court - it doesn't actually matter what the contempt was about - and add up every day regardless of whether the school is open or Burke is there.

    As I understand it, at the moment it is more about the authority of the court than anything Burke might have done at the school.





  • That would be the school confirming the occasions enoch disobeyed the court order placing him in contempt.

    If the judge isn’t given any dates how can he rule there’s been contempt?



  • Posts: 0 [Deleted User]


    I think Ammi was feeling left out. Her challenge against the WRC dismissal of her case against Arthur Cox is due to be heard in May

    I wonder will Paddy Power offer odds on a Burke being carried out of the hearing



  • Registered Users Posts: 16,204 ✭✭✭✭Grayson




  • Registered Users Posts: 3,693 ✭✭✭chooseusername


    Staying away from the school will not purge his contempt of court.

    He cannot purge his contempt of court while refusing to stay away from the school.

    The fines will continue to rack up until he purges his contempt of court.

    Are these three statements true?



  • Registered Users Posts: 119 ✭✭madeiracake


    Yes both are true. He has to go to court and say to the judge he will no longer go to the school. That purges his contempt. Until he does that it doesn't matter if he goes to the school or not.



  • Registered Users Posts: 3,693 ✭✭✭chooseusername




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  • Registered Users Posts: 470 ✭✭archermoo


    No, it is not "in session" 7 days a week, despite the fact that there are students in housing. They have classes M-F, and Burke had a solid history of only being at the school on days that they have classes. So if the judge had meant that he would be fined only on the days that he was at the school he wouldn't have pointed out that the fines would amount to almost €5,000 per week. He would've said €3,500.

    He isn't being fined for each day he shows up at the school. He is being fined for each day that passes and he has not purged his contempt with the court. Him continuing to show up each day clearly shows his continuing contempt for the court, and his opinion that the ruling of the court is not binding on him. But that isn't what he is being fined for. As the judge made very clear in his ruling, despite what some of the less than accurate reports in some papers might indicate. Nor was he fired for disagreeing with the school over how to address a student. He was fired for being verbally abusive to his boss.

    Were he to ever decide to stop being a scofflaw and purge his contempt with the court he could potentially make a case to have the fines for the days between the last time he showed up at the school and the day he was able to appear before the court removed. But I doubt that will happen. He and his whole family of reprobates see the law as a tool for them to force others to their will, but don't seem to think that it applies to them.



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