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Attorney General Declines Criminal Contempt for Now as Judge Weighs Action in Enoch Burke Case

The decision reflects a view that prosecutions would bring little practical benefit given existing civil sanctions.

Overview

  • Attorney General Rossa Fanning told the High Court he will not initiate criminal contempt cases against Enoch, Martina, Ammi and Isaac Burke at this time.
  • He said prosecutions would offer no practical benefit because Enoch Burke is already imprisoned for civil contempt and any penalty would largely duplicate existing sanctions.
  • Fanning cited court time, taxpayer cost and available alternatives such as courtroom removal or Garda prosecutions for refusing directions, and he left open the option to revisit the decision.
  • Mr Justice Brian Cregan expressed disappointment, said transcripts understate the disruption, and will consider over Christmas whether to initiate criminal contempt himself, with the matter listed again for 14 January.
  • A disciplinary appeals panel has heard Burke’s dismissal appeal and must issue a recommendation by 9 January, which the judge said could affect his detention; Burke appeared by video from Mountjoy and again refused to give an undertaking to stay away from the school.