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Orange is the new Burke

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Comments

  • Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    Yes. But he will have spent much of the pay he received between the time he was suspended and the time his pay was sequestered. Presumable the roughly €40k that they seized from his bank account is the difference between what he was paid, and what he spent. It follows that the rest of it is gone. Realistically, you can't get it back now. For further enforcement, you're chasing his future earnings, and I have a hunch that those will not be large.



  • Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    Yes, he would have earned more than 40k in that period. But he would also have bought some groceries in that period, and incurred other living expenses.

    The 40k was what was left over of his earnings. That was seized. Pretty much by definition, they couldn't seize the part of his earnings that he had already spent, and they can't seize it now. Hence the suggested "clawing back" of his earnings isn't possible, beyond what has already been done. Whatever other mechanisms might be effective to collect the outstanding fines he has incurred, this definitely won't be, and any attempt to pursue it would be throwing good money after bad.



  • Registered Users, Registered Users 2, Paid Member Posts: 4,917 ✭✭✭chooseusername


    The 40k was all he had in his bank account at the time. They would have taken multiples of that amount, if he had it, to pay the fines and costs that had accrued by then.



  • Registered Users, Registered Users 2 Posts: 1,475 ✭✭✭youtheman


    If they can threaten to confiscate the family cars used to transport him to the scene of the crime, why can they not confiscate or divert his ongoing wages?. Just wondering!.



  • Registered Users, Registered Users 2 Posts: 1,047 ✭✭✭DmanDmythDledge




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  • Registered Users, Registered Users 2, Paid Member Posts: 37,417 ✭✭✭✭Penn


    They have. They initially weren't when it was just fines for contempt, but I think considering the costs which were being incurred by the school with regards legal fees and security, the judge then ordered that his assets (ie. money in the bank from his savings and earnings) start to be used to recover those costs.

    The confiscation of the cars would just be a measure to prevent him being transported to the school (even though he doesn't own them, the owners are knowingly and repeatedly using them to help him breach a court order), not being seized as assets.



  • Registered Users, Registered Users 2 Posts: 564 ✭✭✭Mr_A


    AG says not taking criminal contempt proceedings against four Burke family members

    https://www.rte.ie/news/courts/2025/1217/1549460-burke-family-members-court/

    "no practical benefit" to taking it forward against Enoch himself and a sense that giving more court time to the others would not be productive



  • Registered Users, Registered Users 2 Posts: 14,343 ✭✭✭✭aloyisious


    There is the cautious inclusion of the words "at this time" in the AG's statement when it comes to the Burke family. They generally don't give advance warning of their "pop-up" street activities to people, only their edited videos versions of what they did and how their actions were responded to by the various officers of the state.

    The AG is proceeding with due caution in handling the thorny problem of the Burkes involved with EB in his disturbing behaviour towards Ireland at large. So far, they have not zeroed in on him and his office keeping their ire for the various judges getting up their orifices.



  • Registered Users, Registered Users 2, Paid Member Posts: 419 ✭✭Kilteragh


    Also from today's Irish Times:

    The court also heard that a disciplinary appeals panel heard Mr Burke’s appeal against his dismissal on Saturday and will give its decision within 10 school days, which means it could be after Christmas.



  • Registered Users, Registered Users 2, Paid Member Posts: 37,417 ✭✭✭✭Penn


    As I saw someone else say, wonder if the AG would have taken the same position if they had been from a poorer or less public-facing family.

    The Burkes can complain about how they and Enoch have been treated, but the fact remains they have been given extraordinary leeway throughout.



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  • Moderators, Politics Moderators, Social & Fun Moderators, Sports Moderators Posts: 17,416 Mod ✭✭✭✭Quin_Dub


    Well , yes sort of.

    But this time it would be a fixed term for a specific offence rather than the current open ended contempt confinements.

    He trespasses , gets arrested , charged and found guilty in court and goes to jail for 3 months (or whatever the sentence guidelines suggest).

    The other element of that is that he would then have a criminal record with everything that that brings with it. Despite having spent ~18 months in Prison at this stage he technically doesn't have a criminal record as he's not been convicted of anything yet.



  • Registered Users, Registered Users 2, Paid Member Posts: 4,917 ✭✭✭chooseusername


    “Within 10 school days” so probably on the day the school breaks up, too late for him to attend school. Home for Christmas and time to reflect. But he’ll be back, mark my words. He hasn’t accepted the suspension. He hasn’t accepted the dismissal and he won’t accept the appeal decision when it goes against him, which it surely will. He probably won’t be allowed to trespass, but will be happy to stay outside the school gate to avoid breaching the court order.



  • Registered Users, Registered Users 2 Posts: 4,104 ✭✭✭Pentecost


    Assuming he gets out at some stage he can stay outside the gates protesting every day until he's 65 and there's little could be done about it really, unless he's otherwise interfering with school operations. With anyone else you'd think they'd eventually want to move on with their life in some way but it seems unlikely in this instance.



  • Registered Users, Registered Users 2 Posts: 2,098 ✭✭✭PeadarCo


    Very stupid question.

    What's the long term plan here?

    Enoch is not against "transgenderism", if he was, he would have followed the formal legal route in his dispute. He also had no issue with a previous transgender student in the school according to a former principal. I only assume it wasn't a culture war topic at the time.

    The situation is surreal. Assuming his appeal fails is he really going to act like it never happened? He can't stand outside the school for the rest of his working life. Does he really think that one day he'll wake up and everyone will agree with him? I appreciate you can't argue with fanatics.



  • Registered Users, Registered Users 2 Posts: 12,789 ✭✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    I’m inclined to agree- as the AG pointed out the judge and indeed the Gardai have powers already if they choose to use them- it would be a complete waste of time and resources to progress with charges on the family - just take back control in the courtroom - if they resit Gardai they can be arrested and sent to court - that’s a much better way to deal with them - if they want to go to jail on the basis of a convection however minor, they’ll end up there eventually with their carry on .



  • Registered Users, Registered Users 2 Posts: 12,789 ✭✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    The day will come when he won’t have a lift or whatever - once he’s formally kicked out of the school and he stops being paid (even though he’s not getting the money)- I’d say he’ll end his protest at the school at that point - he can no longer claim to be employed so he’ll just look like a bigger wierdo than he currently does , hanging around a school he has no business to be in- arrest and criminal charges will likely be easier to implement at that point



  • Registered Users, Registered Users 2 Posts: 4,104 ✭✭✭Pentecost


    True. Hard to do any driving lessons when you're either in prison or standing outside a school all day.



  • Registered Users, Registered Users 2 Posts: 41,318 ✭✭✭✭ohnonotgmail


    I can't see the judge letting him out again for his Christmas holidays.



  • Registered Users, Registered Users 2, Paid Member Posts: 41,282 ✭✭✭✭Hotblack Desiato


    Seems strange that the AG is getting involved, surely the decision on whether to bring a criminal charge rests with the DPP?

    I'm partial to your abracadabra
    I'm raptured by the joy of it all



  • Registered Users, Registered Users 2 Posts: 24,760 ✭✭✭✭Esel
    Not Your Ornery Onager


    The judge asked the AG to institute criminal contempt charges.

    Not your ornery onager



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  • Registered Users, Registered Users 2 Posts: 41,318 ✭✭✭✭ohnonotgmail


    That isn't their role. They advise the government on issues around the constitution. It is the job of the DPP to institute criminal proceedings.



  • Registered Users, Registered Users 2 Posts: 4,219 ✭✭✭Ardillaun


    Why do these weirdos excite such interest?



  • Registered Users, Registered Users 2 Posts: 24,760 ✭✭✭✭Esel
    Not Your Ornery Onager


    Sorry, it must have been the DPP he asked then.

    I thought it odd at the time.

    Not your ornery onager



  • Registered Users, Registered Users 2 Posts: 22,389 ✭✭✭✭kneemos


    They're a bit Fr Ted in fairness. There's the more serious issue of what do you do with someone that doesn't have any regard for the law,not unusual I suppose the prisons are full of such folk.



  • Registered Users, Registered Users 2, Paid Member Posts: 4,917 ✭✭✭chooseusername


    You were right, it was Senior counsel Rossa Fanning, the Attorney General, not the DPP that Judge Cregan asked. Cregan is not happy, he might take it further himself.
    Sorry can’t link the RTE article.



  • Registered Users, Registered Users 2 Posts: 17,408 ✭✭✭✭Grayson


    Because they're weirdos? Because the situation is weird?



  • Registered Users, Registered Users 2 Posts: 2,386 ✭✭✭Mefistofelino


    This is what Cregan wrote in his judgement of 18th November:

    image.png

    Others with legal expertise may be able to clarify if "contempt in the face of court" is handled by the DPP or if it is dealt with "within" the courts.



  • Registered Users, Registered Users 2 Posts: 3,877 ✭✭✭Hoboo


    I think the AG explained very clearly how he came to his decision, he left no opportunity for wonder.

    It’s not difficult if you remove personal bias.

    It couldn’t be any clearer.



  • Registered Users, Registered Users 2 Posts: 3,877 ✭✭✭Hoboo




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  • Registered Users, Registered Users 2 Posts: 5,816 ✭✭✭veryangryman


    Once again i have to recommend Davy Joyce as the final arbitrator. Whole family would be quietened overnight and the state saved millions



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