The board of the school where teacher Enoch Burke works wants an order allowing him temporary possession of his assets after he again flouted a High Court order.
This morning, solicitors at Wilson’s Hospital School in Co Westmeath obtained permission from the High Court to brief Mr Burke on the proceedings at short notice, who will return to court tomorrow.
Barrister Rosemary Mallon told the court that Mr. Burke’s disobeying a restraining order ordering him to stay away from school resumed on January 5 when the school reopened after the Christmas break, and that he returned this morning had gone to school.
Ms Mallon said the school is not looking for Mr Burke, who is being held in jail, but instead is seeking the seizure of his assets by January 19.
Seizure of property in the context of contempt of court means the temporary seizure of a person’s property pending compliance with the court order.
Ms Mallon said Mr Burke was at school this morning but is expected to return to court tomorrow morning where he is seeking his injunction against the school to prevent it from holding a disciplinary meeting to investigate the misconduct allegations against him to investigate.
Last week the court heard that Mr Burke had received a letter from the school before Christmas advising him that the hearing, which was originally scheduled to take place in September but had been adjourned following various court hearings, is now scheduled to take place on January 19.
Mr Burke, a German history and debating teacher at the school, was released from prison on December 21 after serving three and a half months in Mountjoy prison.
He was jailed on September 5 after violating a school ban order after being suspended from full pay.
This came after a dispute over a student’s request to use the pronouns “they/they”.
Last month Judge Brian O’Moore ordered his release, saying it was difficult to avoid the conclusion that Mr Burke was using his detention for his own ends.
The judge said the only threat to Mr Burke’s continued freedom would be if he again failed to comply with a High Court order.
All matters will be referred to Judge O’Moore tomorrow.
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