Courts

Judge returns Enoch Burke to jail ‘with great reluctance’

Burke still refusing to abide by order that he stop attending Wilson’s Hospital School

Enoch Burke pictured leaving Wilson's Hospital School in August after standing outside in defiance of a court order. Photograph: Colin Keegan/Collins Dublin
Enoch Burke pictured leaving Wilson's Hospital School in August after standing outside in defiance of a court order. Photograph: Colin Keegan/Collins Dublin
Fri Oct 11 2024 - 14:12

Teacher Enoch Burke was sent back to jail by the High Court after again refusing to abide by an order that he stop attending at the school he has been sacked from.

Mr Burke, who claims he is in jail for being against transgenderism according to his Christian religious beliefs that there is only the male and female sex, appeared before Mr Justice David Nolan on Friday.

Mr Burke has been in prison for more than 400 days over failing to obey an injunction directing him to stay away from Wilson’s Hospital School in Co Westmeath.

He was released in late June, without promising not to break the injunction, when the school summer holidays had begun.

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But Rosemary Mallon BL, for the school, said in late August he started attending again on a number of days when he got into the school grounds and on one occasion managed to get into the building and a transition year staff meeting.

He was returned to prison in September by Mr Justice Michael Quinn after he again refuse to abide by the injunction.

On Friday, Mr Justice Nolan told Mr Burke repeatedly that he wanted him to answer his question as to whether he would now abide by the order.

[ Jemima Burke takes High Court case over public order conviction ]

Mr Burke however insisted on telling the judge that he should read the report which precipitated his ultimate sacking and which was prepared by then-school principal Niamh McShane.

He was fired in January 2023 but he has appealed the dismissal and remains on full pay pending the hearing of the appeal.

Reading from Ms McShane’s report, Mr Burke said it stated there were “concerns around Mr Burke’s public statements of his refusal to accept transgenderism”.

It also stated: “This has implications not only for the particular student but other students who may wish to transition in the future and indeed the entire student population”.

When Mr Justice Nolan suggested it was “their right if they wished”, Mr Burke said “this woman (Ms McShane) was saying that the fact that my having a religious belief was an obstacle in the school.

“She wanted other students to be able to go down the road of puberty blockers, of mutilation, of cross dressing, of being told they might be in the wrong body and I said I cannot become an activist for transgenderism. Now wasn’t that my right if I wished”.

The judge then said he was asking again if he would abide by the court order prohibiting him from attending Wilsons Hospital. “I would like you to say yes so I can let you out of jail.”

Mr Burke continued reading from the report in which Ms McShane said she had “serious concerns about how Mr Burke may act in the school in future in circumstances where he has stated his personal views on transgenderism”.

Mr Burke told the judge “you know that is illegal” and that the judges “were not dealing with the report”.

He also said it had come out in the last few weeks that “teachers had been forced to attend training to teach and put the most degrading material in front of children”.

He continued speaking as the judge repeatedly asked would he abide by the order so that he could be released.

“Why are you not listening to me, you are a highly intelligent man”, the judge said also asking “are you being controlled by somebody else”.

At that point, Mr Burke’s mother Martina shouted at the judge “Are you being controlled by somebody else” and then said “yes you are”.

The judge then rose from the bench but returned less than a minute later and warned he would have the person interrupting him removed from the courtroom by gardaí, who were in attendance, if it happened again.

He again asked Mr Burke if he would abide and Mr Burke replied: “You are afraid of the report aren’t you” before going on to say he (the judge) was being controlled and that he was a “political actor upholding a political decision made by a political court to cover up the agenda of the Government and the agenda of the principal of my school to force teachers to accept transgenderism without a shred of legal authority”.

The judge repeatedly asked him would he abide by the order before saying: “I have now asked you on ten occasions will you abide by the court order and it is clear to me you have no intention of abiding by the order.

“In those circumstances, with great reluctance, I have to send you back to jail”.

He put the matter in for mention again on December 20th. He also awarded costs against Mr Burke in favour of the school.