Enoch Burke released from prison again 'to allow him prepare' a new case

High Court reporters

The High Court has ordered the release of Enoch Burke from prison again after Mr Justice Brian Cregan said he wanted to give the teacher an opportunity to properly prepare a new case he is bringing.

But Mr Burke told the judge that he was still an employee of Wilson’s Hospital School in Westmeath and would be immediately returning "for work" when released.

He has now been more than 560 days in prison for repeatedly trespassing on the school which dismissed him due to his conduct over his refusal to call a transgender pupil a new name and by they/them pronouns.

The judge said Mr Burke had had an "unparalleled ability" to shoot himself in the foot but said despite his comments, he would order his release.

The judge expected the school to immediately return to court to inform it of any further breach of an order prohibiting trespass by Mr Burke on the school and he would be re-committed to prison.

Mr Burke's latest case is a challenge to the composition of a Disciplinary Appeals Panel (DAP) which will hear an appeal against his dismissal.

The case was before the court for an update on his challenge to the DAP which was due to hear his appeal on January 10th but was postponed after he took new High Court proceedings claiming one of its members, teacher Geraldine O'Brien, was objectively biased and had prejudged the matter.

Last year, Mr Burke succeeded in a Court of Appeal challenge to another member of the DAP.

Mr Justice Cregan said that having reflected on the papers in Mr Burke's latest challenge he had decided Mr Burke "needs time to focus on the issues in this case and properly prepare for the hearing".

To allow him do so, the judge said he was directing his release from prison today. "I am doing this for one reason only and it is in the interests of justice that he has the time to do so".

However, he stressed that the court order preventing him from trespass remains in force, and if he breaches it he will be sent back to prison.

Video link

Mr Burke, who appeared via video link from Mountjoy Prison, said he found it hard to take the judge's "newfound interest in the interests of justice".

He said he wanted to put it on record, "I don't find it in the slightest bit credible that the release is because the court is interested in the interests of justice".

The judge told him it was his view Mr Burke was somewhat hamstrung in preparing his new case in which he had raised credible points.

His decision to release him was made in the proper of administration of justice, and whether Mr Burke accepted it or not was a "matter of complete indifference to me".

Following the giving of directions in relation to the exchange of papers between Mr Burke and the DAP over the next two weeks, Mr Burke told the judge he had every intention of returning to the school upon release and whether today or tomorrow, "I will be at my workplace".

Rosemary Mallon BL, for the school, asked that the case be either put in for mention before the court tomorrow afternoon or else reconsider its decision to release him in light of his comments.

Mr Burke said what was flabbergasting was that the court was releasing him "not because of the interests of justice but because it has fallen into a pit" and because of the "most flagrant breach of justice". He said, "that was why the court is proposing the u-turn".

He also said the court was not being straightforward about the reason for releasing him.

The judge told him he was "quite wrong on almost every front and reminded him of his (judge's) most recent judgment on the matter.

Nevertheless, he was going to direct that he be released. "Your observations are nonsense and this is an opportunity for you to properly prepare your case."

I can do that in the cell, it is black and white.

Mr Burke said: "I can do that in the cell, it is black and white".

At this point, one of Mr Burke's brothers, Simeon, a barrister who appeared in person in his barrister's outfit, said he was representing his brother. When asked by the judge twice if he was he Simeon Burke, he only replied that he was Enoch's brother.

The judge told him he was Simeon and a member of the Bar, and he had no right of audience and would not hear from him.

Simeon told him, what is being directed "is a trap". The judge told him he was asking him to leave the court and when he refused to do so, the judge rose, asking the gardaí to remove him. He left voluntarily at that point.

An earlier online interruption of the proceedings by another brother, Isaac, was cut short when the judge ordered his audio be muted.

When the case resumed, the judge reiterated his comments that Enoch would be returned to prison immediately if he turned up at the school again.

Mr Burke told him: "You are letting me out because you are caught". At that point, his audio was also muted by the court.

The judge said this was "more of your nonsense," which was extraordinary, and he had set out his reasons for releasing him.

The DAP challenge case was adjourned to February 4th.