Enoch Burke released from prison but faces daily fine of €1,400 if he returns to school after holidays

It was his third time in jail for the same reason and in total he has spent more than 500 days in Mountjoy since September 2022.

Mr Justice David Nolan on Friday said he would impose a daily fine of €1,400 on Mr Burke if he breaches the court order by returning to the school when it reopens after the school holidays.

He said so far Mr Burke owes €193,000 to the State in fines imposed for contempt of court.

There had been 41 court appearances and not a penny has been paid in fines or costs, the judge said. Mr Justice David Nolan also noted Mr Burke was still on full pay as his appeal against his dismissal from the school has not yet been heard.

The judge said Mr Burke was in jail “because he chooses to be in jail” over some misconceived belief he is there because of his religious beliefs. The judge said “nothing could be further from the truth” and he was in jail because he refused to obey the law of the land.

He ordered representatives from the Department of Finance and the Attorney General to be present in court on the next occasion to outline what mechanism can be used to allow Mr Burke’s salary to be used to pay the fines he owes.

During what was a review of his continued jailing for contempt, Mr Burke continuously spoke over the judge as he gave his judgment. Mr Burke complained about a remark the judge made at the outset of the hearing that he would remove anyone who interrupted proceedings and prohibited them from returning to the case.

This was in view of an interruption Mr Burke’s mother Martina during the October review of his contempt case.

Mr Burke, with members of his family in the court beside and behind him, continuously spoke over the judge telling him to withdraw the remark about “banning” members of the public from court. “You know that is illegal”, he said, citing a Supreme Court judgment.

The case comes back before the court on January 21 next.