Four members of the Burke family were removed from the High Court on Wednesday by gardaí at different intervals after ignoring warnings by a judge to stop interrupting the proceedings.
The four, Enoch, Isaac, Ammi and their mother Martina, were in court when Mr Justice Brian Cregan issued various directions for the future progress of a contempt-of-court application brought against Enoch by Wilson’s Hospital School in Co Westmeath where, as a result of continued breach of orders not to trespass there, he has spent more than 500 days in prison for contempt.
Each time they refused to stop interrupting, they were removed after a number of warnings: first Martina, then Isaac, then Ammi and finally Enoch.
Enoch Burke persistently demanded the judge provide a judgment he had reserved and whether the judge would answer the question which he said was the “kernel” of the case − namely that he, as a teacher, had been obliged by the school to address a student by the they/they pronoun.
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Mr Burke said the Court of Appeal (CoA) had identified in one of its judgments on his case that the kernel of the issue – the use of the pronoun – had never been addressed in the primary High Court judgment in May 2023 which imposed a permanent injunction against trespass and found his suspension from the school was lawful.
He demanded to know if Mr Justice Cregan would answer his question as to whether the judge had considered that finding. The judge said he would address that in a judgment after he had considered all the issues in the case.
He said he wanted a new application from the school for attachment and committal to answer why he should not be jailed again for contempt, as well as applications for the sequestration of two cars driven by the Burkes into the school.
He would further consider an application for an order to pay a €15,000 debt due from him to the school, and an application to take down any videos taken by the Burkes in the school and posted on social media.
He would also consider reducing the daily fine on Mr Burke for trespass, which has risen to some €225,000. He later said he would consider a criminal contempt application against Mr Burke because of his persistent conduct in court.
He would further consider a contempt-of-court application against Isaac over his repeated interruptions and need to be removed by gardaí at a number of hearings over the last month. He said he would deal with those matters on different days over the next number of weeks and issue a judgment.
Enoch Burke repeatedly accused the judge of “coaching” the school and notice parties to make these applications as they had not done them of their own volition. He described it as a “carnival of orders” on how those parties were to get their act together for “final execution”.
He said the judge had promised his judgment would be ready in less than a week, but instead the judge was “engaging in open mockery and directing that the gullet and the rope be ready”.
The judge repeatedly told Mr Burke he had not made up his mind on many of the complicated issues before the court but Mr Burke said he did not believe that.
He demanded repeatedly the judge answer his “kernel” question and members of the Burke family repeatedly interrupted saying the judge was lying and that he would answer to God.
After gardaí removed the other three, Enoch stayed in court although the judge said he was moving on to the next case.
When the judge returned, Mr Burke again demanded to know the answer to his question. He had earlier said he had come to court expecting a judgment and he wanted it now “this very hour”.
The judge told him: “You are ridiculous.”
Enoch was the last to have his removal ordered and he went voluntarily.
The case comes back next week.
