Courts

Judge rejects Enoch Burke’s ‘scurrilous’ criticisms of judiciary

The school teacher claims High Court orders against him are ‘fundamentally wrong’ and ‘shameful’

Enoch Burke has been in Mountjoy prison since September. Photograph: Collins Courts

Aodhan O'Faolain
Mon Nov 7 2022 - 18:03

A High Court judge has rejected as “scurrilous” and “utterly without merit” criticisms made by jailed teacher Enoch Burke about members of the judiciary.

Mr Justice Brian O’Moore rebuffed allegations of wrongdoing made by Mr Burke against judges who have made rulings in proceedings brought by the teacher’s employer, Wilson’s Hospital School in Co Westmeath.

Mr Burke has been in Mountjoy since early September. He was before the court on Monday seeking a stay on the full hearing of the school’s action against him. He wants the stay to remain in place until his appeal of an injunction obtained by his employer has been determined.

Mr Burke claims he was jailed over his objection to transgenderism in breach of his Constitutional rights to freedom of religion and religious practice.

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The school’s board of management rejects that contention, saying the case is about Mr Burke’s refusal to comply with the terms of his paid suspension from his employment.

Mr Burke, an evangelical Christian, is appealing the High Court decision to put injunctions in place preventing him from teaching at, or attending the school, until the case has been fully determined.

The dispute over the injunction centres on the school’s entitlement to bring internal disciplinary proceedings against Mr Burke arising out of alleged gross misconduct.

Mr Burke’s appeal against the injunctions and other issues are due to be heard by the Court of Appeal in mid-February. He said in his submissions that he wants his appeal to be heard before the full hearing.

He said he has a strong chance of success in his appeal against High Court orders over a disciplinary process he described as “manifestly unlawful”.

He said that High Court orders against him should be set aside as they were “fundamentally wrong”, “a miscarriage of justice” and “shameful”.

Mr Justice Max Barrett, he said, had stated that the case was “not about transgenderism”.

This was fundamentally not the case, Mr Burke said, adding that 99.9 per cent of people on the street believe the case is about his objection to transgenderism and that he has been jailed because of his religious belief there are only two genders.

Mr Burke added he also opposes Ms Justice Eileen Roberts’s finding, when she dismissed his application for an order to end his suspension from work, that the case was not about his religious belief and his right to freely express his deeply held Christian beliefs.

Mr Burke said various High Court judges acted in breach of his rights, which are enshrined in the Constitution.

By making orders that resulted in his imprisonment, he said, the judges were not adhering to the oath of office they took before God.

He also expressed his fears that if the orders are allowed to stand, thousands of teachers and workers could, like him, be jailed for expressing their religious objections to transgenderism.

The court’s decisions heralded “a dark day” for religious freedoms and it was imperative those orders are heard first by the Court of Appeal.

He also described the school’s case against him as “an abomination” but said he has no objection to the full hearing proceeding after the appeal has occurred.

The school, represented by Rosemary Mallon BL, opposed Mr Burke’s application for a stay, on grounds including that he would not be prejudiced by any early hearing and that even if he was successful in his appeal the dispute must be fully heard by the High Court.

The judge noted the Co Mayo teacher’s remarks comparing Irish judges to ones who presided in totalitarian regimes, including in the former USSR, China, and North Korea.

Mr Justice O’Moore said that while he allowed the teacher to make submissions to the court without interruption, he wanted to make it clear that Mr Burke’s allegations against named members of the Irish judiciary were “utterly without merit”.

He also said Mr Burke’s language was “inappropriate” when he described judges as presiding over a “cover-up” or a “stitch-up” against Mr Burke and his beliefs.

The judge also reminded Mr Burke of a quote from Jesus in the Bible, known as the “Golden Rule”, that one should “do unto others as you would have them do unto you”.

That was a fundamental Christian teaching and the judge doubted whether Mr Burke’s references to the judges and other people could be applied to that quotation.

Mr Justice O’Moore said he would give his ruling on the stay application in due course.

However, it would not be possible to have the full dispute heard before Christmas.

The teacher remains incarcerated at Mountjoy Prison over his refusal to comply with an injunction to stay away from, and not teach at, the Co Westmeath school.

The school brought proceedings against Mr Burke over his alleged failure to comply with the terms of his paid suspension.

Mr Burke has appealed various High Court decisions including the granting of an injunction which is to remain in place until the full dispute has been decided. He was jailed for being in contempt of court in September.

The school claims that his refusal to comply with the injunction was disruptive to the school’s students.

In a counter claim, Mr Burke says he should never have been the subject of a disciplinary process after he expressed his objections to the school’s direction to its staff regarding how to address a student who wishes to transition.

He seeks various declarations including that the disciplinary process is unlawful and a breach of his constitutional rights.

He also seeks various orders preventing the school from continuing his paid administrative leave and the disciplinary process against him.

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