I wonder how this will work out for him
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Poor guy. You have my sympathy.
I hear 'Enoch Satchels' in brown and black leather are selling like mad in the Midlands ?
If you don’t understand why, that’s ok 👍. He does.
If he returns to the school for new school term will he be rearrested? I assume the high court injunction is still in effect?
The school can ask the High Court for him to be sent back to prison if EB repeats his past behaviour and again refuses to abide by the Court order ordering him to stay away from the school.
Justice Sanfey already indicated when ordering EB's release that if he does repeat his past behaviour, he will have no problem in sending him straight back to Mountjoy.
As always, whether he goes to prison or not, is in EB's hands.
As an aside, I believe Justice Sanfey's motivation in releasing EB, is so the process of terminating his employment can be finalised. Justice Sanfey was not at all pleased when he discovered earlier this year, (I think it was in March) that EB was still being paid his full salary.
(eta) it was February…
It is and he will be. I expect he’ll concentrate on the original issue of being suspended without process or procedure, which is the forgotten crux of the issue, and desist his protest outside his work place. This isn’t about pronouns or calling kids by their new name.
In this case he may earn 2 years salary for wrongful dismissal, wining on a technicality. Considering his behaviour the WRC is not going to reinstate him.
However, as he was paid while absent (over 2 years). He won’t actually get any extra money. And he will be unemployable. He will, however, have his own personal principles to keep him warm.
On principle, should Enoch not be standing outside Mountjoy in protest as his contempt has not been purged by himself but by the courts? How dare the courts override his God given RIGHT to be contemptous. :)
What I am interested in is ,come September, will a bench warrent be issued even if he does not go to the school? The reality is that he has NOT purged his contempt and should, in theory at least, be re-incarcerated as soon as school term starts again even if he is not outside the school.
If he were to succeed in an unfair dismissals hearing at the WRC, why couldn’t they award him extra money? He is currently being paid because the dismissal process isn’t yet complete.
"However, as he was paid while absent (over 2 years). He won’t actually get any extra money."
But he turned up for work, and would have continued to do so if he was not in prison.
He'd probably say he continued to prepare lessons while in prison.
No. As long as he observes the court orders he won't be recommitted. His reasons for observing them, or what he says about observing them, are neither here nor there.
He should be immediately arrested and charged for criminal trespass if he goes any where near the school grounds. Keep it away from civil courts as that is what he wants.
Simple trespass isn't a crime in Ireland. Plus, you don't trespass on a property by going "anywhere near" the property; you'd have to actually enter the property. If Enoch protested at the school gates, but on the outside, there'd be no trespass.
Yes, I believe so.
EB was not "suspended without process or procedure".
If you followed the case from early on, you'd know one thing WHS has been meticulous on, is following the disciplinary process and procedure to the letter.
I never said anything about simple trespass he is well beyond that.
You can be having a cup of tea in a communal area and get arrested for trespass in this country.
For some reason this absolute cretin has been given a free pass and the school left to deal with it in civil court.
He isn’t in a WHS communal area if he is standing outside the boundary of the school though, so how do you propose to arrest him for trespass? Even when he enters the school, that isn’t a crime. I also don’t think the Courts have given him a free pass, he has spent a considerable amount of the last two years in prison for contempt of the Court.
Enoch wasn't outside the gates though, He was up at the school door and he got inside a few times too. When they locked the gates he walked in when a bus came. It would be fine if he sat at the gates all day as that's away from the kids.
Burke has proven numerous times he will enter the property given the slightest chance.
Again this is a school, that contains literal children.
Where there is a will there is a way.
https://www.sundayworld.com/crime/courts/familys-fury-as-dad-83-arrested-after-gathering-with-friends-for-coffee-in-dublin-estate/a1762285954.html
Sorry, I edited my post to include entry, rather than just standing at the gates. Even if the property contains children, simple tresspass isn’t a crime.
He did enter the school grounds, including a corridor and I believe a classroom. He didn't stay at the gate. This was after his first incarceration.
IIRC this is why WHS went back to the High Court in Sept 2023 to request his commital to prison the second time.
(eta)
I had a look at Google maps there. I can’t see the patch of land that could be causing this dispute. There are loads of open green spaces in that estate
Apologies, bumping because the thread is sticking without showing the last page again.
So annoying when it does that.
Again, I have no idea what "simple tresspass" is or what it has to do here.
He has already been arrested for criminal trespass the DPP in their cowardice refused to prosecute.
I also linked to a story of an 83 year old man last week being arrested for criminal trespass whilst having a cuppa on public land.
The kids and staff at the school were destressed.
It shall be an offence for a person, without reasonable excuse, to trespass on any building or the curtilage thereof in such a manner as causes or is likely to cause fear in another person.
It's criminal trespass 101.
Arrest him and prosecute him when he arrives back in September.
It immediately takes it away from the school who are spending an absolute fortune in civil court dealing with the bollíx, not to mention the stress.
It is exactly what Burke wants, because he knows there is unease in our justice system over our archaic contempt laws.
He is right beside the school building when he is doing his protests and if they didn't lock him out I'm sure he would walk in like he did before.
https://www.irishmirror.ie/news/irish-news/back-school-time-enoch-burke-30805695
For his first protest, he went inside and they had to close a classroom and a corridor, The head at the time sat with him the whole time so he wouldn't move around the school.
The law is an ass that someone can just enter a school and is legally allowed to stay, even the guards can't move him on.
Schools are quite open here, In other countries they have gates and blocked off fences to stop people viewing the kids where as we are happy for anyone to just walk up to a school and spend all day standing outside. I'm surprised no one is talking about how much of a safeguarding issue this is.
Did you read the story you linked? There was an aggravating circumstance: “However, Mr McElwee received a summons accusing him of trespassing “in such a manner as caused or was likely to cause fear in another person”.
Have the staff or pupils made a complaint to Gardai that they are in fear? If they have the DPP quite rightly have to assess whether to prosecute.
Trespass is not usually criminal unless there is some element of force or other aggravating circumstance. It is a civil matter, that is why WHS got an injunction against him, it it is for breaking that injunction that he has received the severest of penalties, imprisonment. He hasn’t received lenient treatment, he has spent the best part of two years locked up, lest we forget, people who do commit more serious, criminal offences have been known to spend no time in prison.
This one, and it's not public land.
If Burke had been working in a state school and not a private school how would this have differed i wonder? Would a state school be able to afford the various legal challenges? Or would the state cover them?
Wilson’s Hospital has been a public school in the free educational system since 2011 when it stopped charging private fees.
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