Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

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

Options
1252253255257258403

Comments

  • Moderators, Politics Moderators, Social & Fun Moderators Posts: 15,454 Mod ✭✭✭✭Quin_Dub


    Because both issues arise from the same root , people are wrongly conflating the two completely separate legal elements in this issue.

    The breach of the injunction and the contempt of court.

    The Contempt of Court arises because Enoch stood in front of the Judge and refused to confirm that he would abide by the terms of the injunction.

    For that action , Enoch was initially jailed and is now subject to daily fines for €700 for each and every day until such time as he stands in front of a Judge and confirms that he will accept the ruling and abide by the terms of the Injunction.

    If Enoch stops going to the school but does not go before a Judge to purge the contempt the fines keep rolling in, every single day.

    Separately (but related) , there is the issue of breaches of the Injunction - Which is the actual act of turning up at the school.

    As of yet , the judge has not applied any sanctions to Enoch for his breaches of the injunction. He has asked the school to provide him with the dates,times and details of Enochs attendance at the school and based on that he may decide to apply additional sanctions for those actions.



  • Registered Users Posts: 283 ✭✭GarfieldandPookyBear


    If he hasn’t purged at this stage, he won’t. It will go on and on and on … more court appearances until the judge gets fed up. He’ll either get sent to Mountjoy or be arrested by Gardaí every day and removed from the school… eventually ending up in Mountjoy. He’s not getting his job back either way so I’m not sure of his end game? It’s not for money. It’s not to win in court because he doesn’t respect the court. So what is this all for? I really can’t see a reason? A valid reason. Enough to have this circus and destroy several careers?

    This would be the time for a parent to step in and tell them to cop on but unfortunately it seems to be the parents pushing it.

    So what’s the parents end goal? It’s just straight up weird! Everything about it!



  • Registered Users Posts: 15,593 ✭✭✭✭Leroy42


    It also it a direct challenge to the courts. Are they really happy to let this man basically make a mockery of the courts. we have people jailed for not paying their TV licence but this guy is allowed to continue to ignore the court, and I assume not pay the fines and it seems the courts are powerless to do anything about it.

    At this stage I care less about the initial issue that caused this and am looking at whether the state will actually do anything (or can do anything) to show it has the power and ability to deal with those that refuse to accept it.

    Why should anyone listen to anything a court has to say if there are no consequences? I wouldn't be surprised if at the end of this all fines all wiped and a donation to the poor box or similar is accepted.



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


    I'm actually wondering how long it will go on. Could we see it lasting years with a potential fine of millions? Will he be so stubborn that in 4 years time he's still standing outside? Or rather, how much of a hold has Mammy got that he'll still be outside at that time.


    The parents are actually horrible people. Imagine brain washing someone so much that they'd do that.



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


    we have people jailed for not paying their TV licence 

    I really wish people would stop posting this nonsense. it is like saying that Burke was sacked for refusing to address a pupil by their preferred pronoun.



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



    Why should anyone listen to anything a court has to say if there are no consequences?


    Because there are consequences, obviously. Jailing Enoch didn’t appear to be an effective remedy, and it was determined that the Courts weren’t willing to be complicit in Enoch’s attempts to portray himself as a martyr, so the alternative punishment for his contempt is a daily fine, which will eventually have to be paid. As it stands, Enoch isn’t costing the State a cent, which is a lot less than it would cost to keep him in jail -

    The average cost of a prison space in 2012 was €65,404.

    https://www.irishtimes.com/news/crime-and-law/vast-majority-jailed-for-tv-licence-fines-walk-free-within-hours-1.1517596

    The cost has undoubtedly risen considerably since then!



  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,539 Mod ✭✭✭✭Kimbot




  • Registered Users Posts: 283 ✭✭GarfieldandPookyBear


    It won’t go on years (famous last words 🫣😂). The judge will get fed up and just send him to Mountjoy. People breach court orders every day. Most of the time the judge will give them a chance to comply unless in domestic violence cases or such where there is a danger to someone. The judge will not put up with this indefinitely. He’ll be sent to Mountjoy and he can stay there another 3 months, years, decades… He will be free to leave any time he wishes by just purging his contempt.

    If this is all just down to their hatred for Transgender people then still, there is no end game. Are they hoping to make it illegal? It still won’t change anything. People are the way they are and can’t help that. People will disregard the law just like the Burkes. Whatever is going on in their crazy heads won’t happen! People have a right to live their lives as they wish just as much as the Burkes do.



  • Moderators, Politics Moderators, Social & Fun Moderators Posts: 15,454 Mod ✭✭✭✭Quin_Dub


    As others have said , what's really important now in this case is that the Courts are seen to exert control here.

    The "reason" for all of this has become irrelevant - What matters is that the Courts find an effective way to deal with someone who refuses to engage with or comply with directions from the Courts.



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


    I don't know if they'd jail him. It's not a deterrent. They removed him from jail and imposed the fines because despite being months in jail he still wouldn't discharge his contempt. So the fines were used. And if he goes back to jail, would he spend years there?

    It's a weird situation because normal people wouldn't want either prison or the fine. So even if we gave the courts unlimited powers, what could they actually do to stop him.



  • Advertisement
  • Registered Users Posts: 470 ✭✭archermoo


    He was discharged previously because the judge decided that since school was on winter break there wasn't a risk that he would show up at the school. And because he wasn't comfortable with Burke being supported by the state in prison while also drawing a state paid salary since at the time he was suspended on full pay. Not because it wasn't working. When he started showing up again after the break the school requested that he not be returned to jail so that they could hold their disciplinary hearing.

    At this point they've held the hearing and sacked him. But the judge has imposed the daily fine instead of jail for the time being. He has also stated that he is reluctant to return Burke to prison as he seemed to be getting something he wanted out of being there. What the judge was referring to (publicity?) I'm not sure. But he has also not ruled out a return to prison for Burke. My guess is that he'll increase the fine at least once before returning him to jail. But that's just a guess.



  • Registered Users Posts: 15,593 ✭✭✭✭Leroy42


    Why? It might be wrong technically, but public perception is that people get jailed for failing to pay the TV licence. And public perception is that Burke is being allowed to do pretty much whatever he wants.

    As was said, jail didn't seem to be a deterrent, but what is the point of these fines as clearly he has no intention to pay them. The courts look powerless.

    How long has this sage be going on? Yet still he is free to walk about.



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


    and the public perception is wrong. Not helped by people continuing to post information even when they know it is wrong. anybody with any interest in the truth needs to call it out when it happens.



  • Registered Users Posts: 15,593 ✭✭✭✭Leroy42


    You are saying that nobody has ever been sent to jail for not paying the TV licence? THat certainly is not my understanding. Failure to pay fines can result in being sent to prison. Is that not the case?

    The reality is that this guy has been ignoring the courts for months, blatantly and openly defying both the courts and the guards. And yet nothing seems to happen.

    Yet it a motorist drive a few km over the limit, or parks illegally, or their ticket runs out, they are fined and have to deal with it before they can continue. (and this isn't about motorists, just an example of how the law can be very tough on you when it wants to be)

    That is the reality. It might not be technically right, but then most people haven't the time, or patience, to dig deep into the underlying causes. They see this guy ignoring the law and basically getting away with it.



  • Registered Users Posts: 4,504 ✭✭✭tobefrank321


    Its a very common surname in Mayo and apart from the CV edit you mention, I can imagine interviews of Burkes from now on, where the first question will always be:

    "Sooo...any relation?"

    And managers telling HR - "Weed out all the CVs from Burkes, I don't care if they are related or not".



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


    Actions and consequences.

    Action Consequence

    Dont pay tv licence Fine

    Dont pay fine Jail in lieu

    Notice that not paying for a tv licence does not have a consequence of prison time.

    It isn't that difficult to understand. I really do despair for humanity sometimes.



  • Registered Users Posts: 283 ✭✭GarfieldandPookyBear


    The judges hands are tied to a certain extent as to what they can do. The only option really is fines or jail. Neither have worked. So either enforcement of some sort or jail again. I’m guessing jail. The judges are not going to let him make a mockery of them and our courts. If someone is so unwilling to comply then they will be sent to jail until they do. He will be forgotten just like he was on his last stint in Mountjoy. He would still be there only the school couldn’t continue their case until he was released and he was still on paid suspension. That has now been dealt with and probably would have been ruled on already only he was late for court. Another fingers up to the court!

    Yes, things happen and people are late but he could have got out of the car and ran in while daddy parked and not waited for his whole entourage to stroll in at their own convenience. He could have phoned the court to alert them to his delay and they would have risen for a time or called another case if there was one. He just didn’t have the respect yet the court gave him the respect to not hear from the school in his absence. That won’t continue. They need to set a precedent so they don’t have everyone thinking they can behave that way and get away with it. It just can’t and won’t be tolerated.



  • Registered Users Posts: 5,787 ✭✭✭Deebles McBeebles


    You know you could just type that last sentence in a slightly more mannerly way, right? Really don't see the need to be snappy toward they/them over what amounts to semantics. It's reported in the media as a row over a transgender student. I can see why most folks would think that's the crux of it all.



  • Registered Users Posts: 1,750 ✭✭✭Large bottle small glass


    So the State and Courts should "team up" to deal with a very difficult citizen?

    Who oversees this process? When do they separate again? What checks and balances do you propose?

    Can you see any problem with such an idea if you put your dislike for this citizen/family off to the side.

    People should cherish the right to protest, to say no, to get representation, to be heard even and especially if you disagree with everything Burke says and stands for.



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


    I'm sure I could but when people post nonsense what can you do.



  • Advertisement
  • Registered Users Posts: 15,593 ✭✭✭✭Leroy42


    Semantics. The fine was imposed for not paying the licence, and a jail term was imposed for not paying the fine which only existed because of the persons' failure to pay the tv licence. So most people will see that as being jailed for failure to pay the tv licence as it would be highly unusual for a person to refuse to pay the tv licence but accept the fine and pay it.

    The issue is that Burke doesn't seem to have consequences. He refuses to abide by the court order, gets jailed and then let out. He then continues to defy the court and is not put back in jail. If only the person not paying the TV licence was treated the same.

    Seems the courts are operating on the basis that they only have power if you accept their power, once you don't they are kind of useless.

    And that is the issue facing the courts now. They need to find a way to deal with this so that people don't have the perception that simply ignoring them is an option.





  • No one’s ever been jailed for not paying a TV licence that’s a fact.

    People have been jailed for non payment of fines arising from not paying tv licence.

    do you see the difference?



  • Registered Users Posts: 15,593 ✭✭✭✭Leroy42


    It isn't nonsense though. People do get jailed as a result of not paying their tv licence. You might be technically correct in that it is the failure to pay the fine they are jailed for, but reality is their refusal to pay the fine led to that. Without the TV licence they would not be in jail.

    You can argue semantics all you want. In this case, why isn't Burke in jail for failing to abide by the court order or pay the fine?

    THe point being that he seems to be being treated differently





  • they’re not transgender they’re non binary. Again totally different and once again the facts are getting away from us.





  • I swear this whole saga is turning into Chinese whispers sort of!

    the longer it goes on the more mistruths come into the equation. It started off as a very simple matter of a teacher being sacked for causing a scene over a non binary student.

    Now we’re at Burkes being fined daily for turning up to the school, but it’s maybe actually contempt of court but does that mean if he doesn’t go to the school he isn’t fined since he got sacked over the transgender student and also I heard he didn’t pay his TV licence.



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


    I am not technically correct, I am correct, full stop. stop posting nonsense.



  • Registered Users Posts: 5,787 ✭✭✭Deebles McBeebles


    Have you seen it reported in the media using the term non-binary? I have seen transgender used, lots of times, which was my point.

    Another one who is too snappy for his own good. Your last post really doesn't help your cause either. The rule is don't be a dick, right?



  • Registered Users Posts: 3,455 ✭✭✭celt262








  • Advertisement
  • Registered Users Posts: 11,773 ✭✭✭✭BattleCorp


    We are arguing the same thing. That the case wasn't a ridiculous thing to take. That's the only point I was making.

    You are probably right about the wanting publicity and going it themselves when they don't have a strong case.



Advertisement