Enoch Burke, a teacher, has been readmitted to Mountjoy Prison by a High Court Judge for over 300 days due to his disregard of a prohibition order to stay away from Wilson’s Hospital School located in Co Westmeath. A fierce court hearing took place on Friday where Mr. Justice Mark Sanfey contemplated Enoch Burke’s temporary release in the anticipation that he would utilise the school vacation to reconsider his situation.
Mr. Burke, notwithstanding, rejected the court’s recommendation and criticised the judge for disregarding his duties in relation to delivering a judgement. Accompanied by family members, he summoned the court to address accusations related to protection measures implemented in the school that came to light through the media during that week.
Alex White, the School’s SC, clarified that the protection measures were enacted owing to a conflict unrelated to Mr Burke, involving a contractor dispute. When the judge overruled the teacher’s arguments, Mr. Burke relentlessly challenged the court to fulfil its obligations and address the “falsehoods”.
On numerous instances of Mr Burke’s defiance, the judge ordered his expulsion from the court. During the course of removing Mr Burke from the court, a commotion broke out. Moreover, Dr. Isaac Burke, Mr Burke’s brother, was forcefully ejected from the court by law enforcement officers.
Post Mr Burke’s expulsion, Mr Justice Sanfey stated he was left with “no choice” but to re-imprison Mr Burke, attributing Mr Burke’s behaviour a contributory factor to his own imprisonment. The judge had formerly characterised Mr Burke’s ongoing imprisonment as “an extremely displeasing situation”.
Mr Burke’s continual failure to adhere to an injunction issued the previous year was the subject of the court hearing on Friday morning. During a session in late February, the judge advocated for the enforcement of court orders, and he prompted the school’s legal advisors to suggest potential alternatives to Mr Burke’s imprisonment, encompassing the possibility of confiscating the teacher’s assets.
It’s noteworthy that during his incarceration, Mr Burke’s salary was maintained whilst he appealed against the school’s dismissal decision.
The judiciary announced that Mr Burke’s confinement has resulted in expense to the state. Despite having legal fees and previous fines imposed on him by the authorities last year, he has made no payment. Furthermore, he disregarded the court’s charge in favour of the educational institution which led to additional costs.
Mr Burke has spent nearly 12 months in incarceration and attributed his punishment to his devout religious beliefs. He additionally pointed to his resistance towards the notion of “transgenderism” and his defiance of a school directive in 2022 demanding he address a pupil with an alternative pronoun, as factors contributing to his imprisonment.
A commitment to Mountjoy was made for Mr Burke after the school board appealed to the judiciary to imprison him due to his deliberate non-compliance with a permanent court-sanctioned injunction prohibiting him from entering the school grounds. This order was given in July.
The school board presented their belief that Mr Burke had been present on the premises of Wilson’s Hospital academic facility on a daily basis since the academic year began in August. His continual presence resulted in significant interference with the staff and students’ activities, according to the board’s claim.
The judiciary declared in September that Mr Burke had blatantly disregarded the July injunctions and thus, he was committed to indefinite imprisonment until he rectifies his defiance. In the following December, when his defiance was up for reconsideration, Mr Burke declined once more to rectify his ongoing defiance and consent to the court’s directive to keep his distance from the academic facility. Upon review last month, Mr Burke maintained his refusal to rectify his defiance and was thus sent back to Mountjoy.
During his initial period of confinement, the devout Christian spent over 100 days in Mountjoy, from September up until December 2022. Post his suspension from his role at the school in August 2022, a lawsuit was filed against Mr Burke by the school for his defiance of the court’s directive to keep away from the school’s premises. After his release in December 2022, despite his defiance remaining unresolved, he resumed his attendance at the school post the holiday period. The judiciary ruled that Mr Burke be fined €700 daily.
The instructor denies the allegations levelled against him and argues that his constitutional rights were violated by the school’s directive that he address a student using a different gender pronoun.
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