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

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Comments

  • Registered Users, Registered Users 2 Posts: 12,853 ✭✭✭✭aloyisious


    According to an Extra.ie report WHS will seek to have Enoch Burke arrested if the disrupts the state exams in June.

    Enoch Burke’s former school has said it will apply for him to be sent back to prison if he disrupts the State exams in June, or turns up on school grounds again next term.

    However, the court heard that despite being ordered to stay away, he has gone back to the school for all bar two days since March 7. The two days he has missed were due to a court appearance, and a teacher training day, the court heard. That was the date a receiver was appointed to collect almost €80,000 in fines Mr Burke owes the State for his contempt of the court order not to trespass at the school.

    In a sworn statement, the school’s acting principal John Galligan told the court that Wilson’s would exercise as much legal restraint as possible in relation to Mr Burke, but that it would only do so within reason as he continued to ‘flout’ court orders.

    He said that if Mr Burke escalated his disruption during the 30 days left in the current year, or disrupts State exams in June, or the next academic year, the board of the school will take action to prevent him from doing so ‘with great reluctance’.

    He said this action would include an application for Mr Burke’s committal to prison. Mr Galligan said he hoped Mr Burke would end his ‘protest’ at the school.

    The court also heard €40,000 has been taken from Mr Burke’s bank account by the State in part payment of the fines he owes, and that €1,500 has so far been collected from his ongoing Department of Education salary.

    Brian Kennedy, barrister for the Attorney General, made an application for his side’s legal costs yesterday, as did Rosemary Mallon for the school’s board of management.

    Asked for his response, Mr Burke said he was in court for circumstances which were not of his making, and alleged ‘lies’ were being told.

    He said his decision to turn up at the school was ‘not a protest’ and claimed he had been interrupted during his last appearance before the court. Judge Nolan asked him to focus ‘entirely on the issue of costs’, and reminded him he was still trespassing on school premises. Mr Burke shouted over him, claiming he had a right under the Constitution to practise his religion. The judge said: ‘This is not a soap box. You know all about unruly schoolboys, and you’re acting like an unruly schoolboy.’

    As the judge began to make his costs order, he was interrupted by Mr Burke’s sister Ammi and mother Martina. Ammi told the judge Enoch had ‘a constitutional right to his beliefs’, before Judge Nolan ordered gardaí to remove her from the courtroom. Martina Burke repeatedly shouted that the judge was basing his judgment ‘on lies’, before she was also removed by gardaí. A third person stood up holding a sign and demanded to be allowed to address the court, before they were also removed.



  • Registered Users, Registered Users 2 Posts: 13,325 ✭✭✭✭dulpit


    Is what he's doing not a criminal offence anyway? Why is the onus on the school to push for him to be arrested and so on?

    If somebody kept breaking into my house, and the gardai knew about this, then surely they'd just arrest and prosecute without me needing to take out a court order?



  • Registered Users, Registered Users 2 Posts: 12,853 ✭✭✭✭aloyisious


    It seems his actual trespass on the school grounds is of the Civil Offence type, not the Criminal Offence type. The onus is on the school as it's the offended party.

    The repeated ignoring by him of the permanent injunction not to trespass is a whole other ball game as the state is the offended against party there. It seems better dealt with by way of a fine repaying the state for the money it has spent on him, bleeding him dry of his funds it is made aware of.



  • Registered Users, Registered Users 2 Posts: 72,774 ✭✭✭✭L1011


    At this stage I suspect there's enough pupils and staff who could testify that he is committing criminal trespass

    "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."



  • Registered Users, Registered Users 2 Posts: 12,393 ✭✭✭✭suvigirl


    Mammy Burke has been doing grinds for decades, very successful too. But she clearly is a good teacher, all her kids are high academic achievers. Pity she filled their heads with nonsense too



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  • Registered Users, Registered Users 2 Posts: 1,361 ✭✭✭youtheman


    If there was ever 'living proof' that there is more to the Leaving Cert/CAO points system then the Burkes are it!. Conventional wisdom is that they are very 'bright'. I would argue that they are 'as thick as bottled 5hit'. Their ability to regurgitate data/information in an exam scenarios is obviously not much good if they lack the basic self awareness to bend/adjust/compromise/tolerate others!.



  • Registered Users, Registered Users 2 Posts: 3,061 ✭✭✭Suckler


    It was summed up in Ammi's dealings with Arthur Cox and the WRC; they couldn't fault her professional knowledge but she had no idea how to work in a cohesive office environment.



  • Moderators, Social & Fun Moderators, Regional East Moderators, Regional North West Moderators Posts: 12,763 Mod ✭✭✭✭miamee


    There's a lot more to school than the academic learning and they missed out on all of it being home schooled



  • Registered Users, Registered Users 2 Posts: 9,438 ✭✭✭blackwhite


    One suspects that was exactly Martina Burke's intention when she decided to keep them away from other children.



  • Registered Users, Registered Users 2 Posts: 1,478 ✭✭✭BK5


    They filled their kids with such hate though, there doesn't seem to be a sympathetic bone in their bodies.

    Anyone giving this family money for grinds should be ashamed of themselves.



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  • Registered Users, Registered Users 2 Posts: 12,853 ✭✭✭✭aloyisious


    One should [maybe] determine that the grinds are in the family home and not at the Burke's home or chosen venue, to ensure the education complies with what the student needs and not what the Burkes might [literally] have in mind.



  • Registered Users, Registered Users 2 Posts: 1,361 ✭✭✭youtheman


    Just thinking. Enoch's bank account was 'drained' of 40 grand as that it all he had. But would I be correct is assuming that his account will still get approx €750 euros every week (as he is still getting paid) but he still can't get it, so in theory he'll pay fines way in excess of the 40K?. He'll still be racking up fines greater that he's paying them, but it will stick in his craw to see his money 'disappearing' on an ongoing basis.



  • Registered Users, Registered Users 2 Posts: 27,486 ✭✭✭✭Peregrinus


    Yes. In addition to the order directing B of I to pay the €40,000 from Burke's account, the court also appointed a receiver over Burke's Dept of Education salary. So I think that the ongoing position is that Burke's salary never makes it into his account; it goes straight to the receiver.

    The Bank has also been ordered to give the receiver details of any other accounts that Burke has, and of transactions on those accounts, so if Burke does have other sources of income the receiver may detect them and seek further court orders to allow him to seize that income also.



  • Registered Users, Registered Users 2 Posts: 4,308 ✭✭✭chooseusername


    According to to RTE €1500 salary taken from account this week. Hardly a month’s salary. That just about pays one day’s fine.



  • Moderators, Social & Fun Moderators, Regional East Moderators, Regional North West Moderators Posts: 12,763 Mod ✭✭✭✭miamee


    He's most likely paid every two weeks, that'll be half a month's salary



  • Registered Users, Registered Users 2 Posts: 72,774 ✭✭✭✭L1011


    Less than half a month, as you get 26 or extremely rarely 27 fortnightly salaries a year



  • Registered Users, Registered Users 2 Posts: 37,219 ✭✭✭✭Hotblack Desiato


    No doubt someone will be along shortly to spin that as "yet another outrageous public sector perk" 😝

    So… the exchequer is finally starting to recover Enoch's fines.. using money coming from.. yep the exchequer 🙄

    Any chance he'll be on the hook for a massive salary overpayment if when his sacking is upheld? Salary should have been ceased as of the date of his sacking. It's quite bizarre that it was not and it gives him a massive incentive to continue to delay and spin out his appeal

    I'm partial to your abracadabra,

    I'm raptured by the joy of it all.



  • Registered Users, Registered Users 2 Posts: 630 ✭✭✭juno10353


    "Any chance he'll be on the hook for a massive salary overpayment 

    if

     when his sacking is upheld? Salary should have been ceased as of the date of his sacking. It's quite bizarre that it was not and it gives him a massive incentive to continue to delay and spin out his appeal"

    AFAIK he was never sacked....... he was suspended



  • Registered Users, Registered Users 2 Posts: 1,223 ✭✭✭Raichų


    deport Irish citizens to a country they’ve nothing to do with?

    yeah no that’s how you do it now



  • Registered Users, Registered Users 2 Posts: 1,223 ✭✭✭Raichų


    not true to suggest anyone walking by is liable for trespass as those other than Enoch are not ordered by the court to stay away.

    Look, if you had a restraining order issued against you do you think standing outside the other parties house would be tolerated using the defence “sure it’s a public footpath”



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  • Registered Users, Registered Users 2 Posts: 1,223 ✭✭✭Raichų


    Total aside- how can you get 27?

    Every 4 weeks would be 13 times so double that is 26..

    how can you have an extra two weeks pay? My heads melted by that. Please explain.



  • Registered Users, Registered Users 2 Posts: 72,774 ✭✭✭✭L1011


    There can be 53 of a day in a year. If that day is payday and it happens in the right week, you get 27. If paid weekly, it's 53

    In most cases your annual salary is divided by 27 that year so you get no more pay. If you are waged not salaried you are paid for the days you worked and it doesn't have any impact



  • Registered Users, Registered Users 2 Posts: 4,126 ✭✭✭afatbollix


    He was sacked in Jan 23 but he has appealed that. https://www.irishexaminer.com/news/arid-41053607.html

    He has strung it along for over 2 years now…

    Knows how to play the system.



  • Registered Users, Registered Users 2 Posts: 1,223 ✭✭✭Raichų


    ah I get you now; I was trying to figure how can an extra day (feb 29) amount to another fortnightly pay 🤣

    I understand how salary works I just couldn’t figure the above- I’m on salary myself but paid 4 weekly so no free money 🤣



  • Registered Users, Registered Users 2 Posts: 23,898 ✭✭✭✭Esel
    Not Your Ornery Onager


    You could have an extra pay day in a calendar year.

    Say your first pay day is January 1st - you would have a 14th pay day on December 31st. No free money though.

    Not your ornery onager



  • Registered Users, Registered Users 2 Posts: 1,916 ✭✭✭Hibernicis


    While there have been a number of gofundme campaigns relating to Burke, I’ve never seen any evidence that these were set-up by Burke or his family. And in any event the amounts raised have been pretty insignificant in the context of his liabilities.



  • Registered Users, Registered Users 2 Posts: 1,916 ✭✭✭Hibernicis


    The €1,500 will be what’s left after he is paid a living allowance. In situations like this the court will determine how much of his income he should receive in order to pay his necessary living expenses and will “confiscate” the balance.



  • Registered Users, Registered Users 2 Posts: 1,916 ✭✭✭Hibernicis


    Your first paragraph is correct. I have never seen or heard of a payroll that calculates fortnightly pay by the means you describe in your second paragraph and I believe this to be incorrect. Fortnightly basic pay is always calculated on either a per diem or per hour basis and the same amount is payable on every payday, irrespective of the number of paydays in the year. Remember that every payday represents two weeks worked. In a year with 27 paydays, some of the days worked will be in the adjoining year/s.



  • Registered Users, Registered Users 2 Posts: 72,774 ✭✭✭✭L1011


    If paid an annual salary, it has to be divided by 27, or else you get paid more - the previous and the next year both have 26 pay days, there is never a 25 to even things out.

    When I was paid fortnightly I had an annual salary and it was divided by 26, there was no day or hour calculation involved. If I'd been there in the one year in eleven there were 27, it'd have been divided by 27 - they weren't going to give me a once off bonus.

    This applies with monthly salaries too, you effectively get paid more per day in the 30 and 28/29 day months.



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  • Registered Users, Registered Users 2 Posts: 4,265 ✭✭✭TaurenDruid


    "To calculate your weekly or fortnightly pay – the annual figure associated with your point on the scale is divided by 52.18 (Weekly) or 26.09 (Fortnightly)." ~ https://www.nsso.gov.ie/185/Your_Payslip_Explained.pdf

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