Burke family say Enoch has been moved to Castlerea Prison
High Court Reporter
Jailed schoolteacher Enoch Burke, his family has said, has been moved from Mountjoy Prison in Dublin to Castlerea Prison in Roscommon.
The teacher, who has spent over 600 days in separate spells in jail, was moved, according to his family, to the medium security prison in Roscommon on Sunday morning, just over 70km from the Burke home in Castlebar.
In the High Court on Monday, his brother Isaac Burke sought the release of Enoch Burke. He said Enoch Burke was given no reason whatsoever for the move from Mountjoy Prison.
He said a High Court order of January this year specified the teacher be detained at Mountjoy Prison.
Isaac Burke, addressing the court by videolink said Enoch Burke had always made clear he should not be detained at all, but he has now been moved to Castlerea and this was a serious matter.
He said Enoch Burke on Sunday “without warning or notice was told to gather his belongings, put in a prison van and not told where he was going .” When he got to Castlerea Prison at around lunch time, he said Enoch Burke was told where he was.
He said Enoch Burke was “given no reason whatsoever for the move.”
He said he was asking for Enoch Burke’s release and said it was a matter “in relation to the deprivation of liberty.”
Justice Brian Cregan said all he could to was note that the matter had been mentioned before him. The judge said there was no evidence before him that Burke had been moved to Castlerea Prison though he didn’t doubt that Isaac Burke was telling the truth, but there was no evidence before the court.
He said Burke could bring an application before the court on Tuesday morning grounded on a short affidavit in relation to the matter.
Burke replied that he could tell the judge his brother was in Castlerea Prison and he said it should be of concern that an order of the court had been allegedly breached by the prison authorities.
Justice Cregan said he will hear an application on the matter which is brought before the court. The judge said it was a matter of a short affidavit to the court outlining the facts to the court and he could hear the application on Tuesday.
Isaac Burke said there is a concern “right now” in relation to an unlawful detention.
At one stage on Monday, Justice Cregan said he would make a production order for Enoch Burke to be allowed join the High Court on Wednesday by video link when a judgement will be given in relation to the Burke case.
Enoch Burke was dismissed from his position at Wilson’s Hospital School, Co Westmeath, over his conduct towards the then principal at a school religious event in June 2022. She had earlier requested teachers to address a student by a new name and the pronouns “they” and “them”.
Burke has repeatedly breached the court order to stay away from the school and was up until now incarcerated at Mountjoy Prison over this contempt of court. He has spent over 600 days in separate spells in jail.
He has repeatedly claimed he has been jailed over his religious beliefs and views on transgender issues, a claim rejected by several High Court judges.
Last Friday, Justice Cregan told Burke’s mother Martina and sister Ammi that he was invoking the court’s contempt jurisdiction against them arising from disturbances in his courtroom including shouting.
The judge reserved judgment to Wednesday this week on that matter.
Justice Cregan also said he would give a decision on Enoch Burke’s claim of perjury in an affidavit sworn by the former chairman of the DAP hearing his appeal against his dismissal from the Wilson’s Hospital School.
Separately, Burke is seeking permission from the Court of Appeal to challenge the High Court judgment handed down almost three years ago, banning him from the Co Westmeath school.
