The Attorney General has obtained a High Court order appointing a receiver over the future salary of teacher Enoch Burke with a view to collecting outstanding fines of €79,100.
Mr Justice David Nolan also made a conditional garnishee or charging order over Mr Burke’s bank account, said to have a credit balance, with a view to having the fines paid directly out of that.
That order effectively freezes the account until next Tuesday when Mr Burke, who was not in court today, has an opportunity to argue the fines should not be deducted from his account.
Mr Justice Nolan was satisfied it was “just and convenient” to make an order appointing Myles Kirby as receiver by way of equitable execution over Mr Burke’s future salary. He will give written reasons for his decision at a later stage, the judge said.
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Enoch Burke case: Receiver appointed over teacher’s future salary in bid to collect €79,100 in fines
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As he began delivering his decision, Isaac Burke, a brother of Enoch Burke, attempted to say something, but the judge told him he had “no right of audience”. The last time he had permitted him to speak, he was “entirely discourteous”, the judge said.
When Isaac Burke continued to speak, the judge said he was holding him in contempt, but would regard silence as purging that contempt. He then stood silently, and the judge said he regarded the contempt as purged.
Another man also attempted to say something from the back of the court, but the judge told him he was not entitled to.
Enoch Burke’s parents, Martina and Seán, and sister Ammi, who were also in court, sat silently as the judge delivered his brief decision.
After the judge finished, Isaac Burke attempted to ask a question about next Tuesday’s hearing, but the judge left the bench.
Daily fines were first imposed on Enoch Burke last year for turning up at Wilson’s Hospital School in Co Westmeath, in contempt of court orders dating back to 2022 to stay away from the school. The fines were increased earlier this month from €700 to €1,400 a day because of Mr Burke’s continuing contempt.
Mr Burke has continued to be paid his salary on an administrative-leave basis because his appeal over his dismissal by the school has yet to be decided.
In seeking the order for appointment of a receiver today, Brian Kennedy SC, for the Attorney General, said the Attorney considers the court has power to make that order.
There was no evidence the order would be “futile” or mean hardship to Enoch Burke, there was a “circularity” to this matter in that Mr Burke owes fines but is also receiving payments from the Department of Education, counsel said.
The debt also relates to a fine imposed by the court, the court has a particular interest in collecting it, and must have a remedy to deal with contemnors such as Mr Burke, counsel said.
The school, and the Departments of Education and Finance, were separately represented on Tuesday and were granted their legal costs.
The court had heard Mr Burke continues to turn up at the school on a daily basis and has also told the principal he was “reporting for work and ready for work”.
He spent 512 days in prison during three separate periods over his contempt, was released before Christmas, and returned to the school in the new year. There was no application to jail him again, and the court instead focused on how to enforce payment of the fines.
Mr Justice Nolan gave the Attorney General liberty last month to apply for a receiver and/or conditional “garnishee” order, and also directed Mr Burke to provide details of his means.
When the case came back before the judge on March 7th, he increased the daily fine to €1,400 because of Mr Burke’s continuing contempt, on the formal application of barrister Rosemary Mallon, for the school. Mr Burke was not in court, but sent an affidavit disputing the judge’s February orders and saying he could not “in all good conscience” provide details of his means to the court.
In court on Tuesday, Mr Kennedy, for the Attorney General, said he was applying, on notice to Mr Burke, for appointment of a receiver. He was also making an ex parte (one side only represented) application seeking garnishee orders over his salary covering the period up to March 17th.
Counsel said his side had details concerning Mr Burke’s salary payments and anticipated his bank account may be in credit with the effect there may be additional means available for enforcement of the court’s orders.
The courts traditionally regarded it as not possible to appoint receivers over future salaries, but the Attorney considered a recent Supreme Court decision, and the particular circumstances of this case, meant such an appointment was both legally possible and appropriate in this case, counsel said.
The Supreme Court, he said, had emphasised the “flexibility” of the remedy of appointing a receiver.
