'Impervious to reason': Judge jails Enoch Burke's mother and sister for contempt of court
The judge made an order for the attachment of Martina Burke (right) and Ammi Burke (left) for their immediate committal to prison. Picture: Collins Courts
The mother and sister of jailed teacher Enoch Burke have been sentenced to two weeks' imprisonment each after they were found in contempt of court over their behaviour in the High Court.
In the Four Courts on Wednesday, Mr Justice Brian Cregan said the behaviour of Martina Burke and Ammi Burke — including shouting at the court and counsel and repeatedly interrupting a hearing last month — amounted to "a paradigmatic case of contempt of court".
He said: “They both knew full well that they had no right of audience and no right to speak yet they persisted in standing up in court and shouting and roaring at the top of their voices. They did so simultaneously and in a concerted manner."
The judge was referring to a February 20 court sitting, where proceedings had to be temporarily suspended and the two women removed from the court by gardaí.
Only two members of the Burke family were in the High Court for yesterday’s judgment. Isaac Burke told the court his mother and sister were in their place of employment. Enoch Burke joined the hearing by video link from Castlerea Prison.
Enoch Burke told the judge it was a "fearful and nefarious" judgment, that "there is a higher judge", and he will "account to God". Mr Justice Cregan warned Enoch Burke: "Don't threaten me."
Mr Justice Cregan, finding both women in contempt of court, said it was clear that Enoch Burke and other members of his family, including Martina and Ammi Burke, believe they are above the law and that the law does not apply to them.
“There is no exemption for Christian evangelicals or climate change activists or animal rights activists or anti-abortion protesters. The law applies equally to all persons who seek to deliberately interrupt court proceedings and seek to disrupt them."
The judge said that, like Enoch Burke, Martina and Ammi Burke are not exceptional. “They are just exceptionally unable to accept what every other citizen in this Republic accepts every day — that the law applies to them and they are subject to the rule of law.”
Referring to Ammi Burke, a solicitor, the judge said she knows perfectly well the rules of conduct in court. Her conduct on February 20 was "a deliberate and brazen contempt of court", he said.
Her behaviour was "disgraceful and indefensible", particularly given that she is a trained solicitor, he said.
Mr Justice Cregan said he was going to send certain papers to the Law Society's relevant disciplinary committee to consider if it should open a disciplinary investigation into Ammi Burke.
Referring to Martina Burke, the judge said that to claim Enoch Burke had been denied his constitutional rights was “simply ridiculous”. He said that she had complained bitterly that her son has been imprisoned for over 600 days.
"That should be a badge of shame for him. That is 600 days when he has refused to obey a court order, 600 days where he has refused to accept the rule of law," the judge said.
He said that, more importantly, it was 600 days during which the school had been protected from Enoch Burke’s trespasses, and 600 days in which it had been free to teach its pupils “without his malign presence disrupting the school programme”. He added that if Martina Burke truly wished to free Enoch Burke, she could do so herself.
“I have no doubt she could persuade her son to change the disastrous course of action that he has embarked upon.”
Mr Justice Cregan said he had tried to argue this point with Martina Burke but “there is simply no reasoning” with her or any members of the Burke family he had encountered in court.
“They are impervious to reason. Theirs is a faith-driven ideology which refuses to accept the rule of law. The rule of law applies to them whether they accept it or not,” he said.
Mr Justice Cregan also refused Enoch Burke’s application for affidavits of Seán Ó Longáin, a former chairman of the disciplinary appeals panel, be sent to the DPP for alleged perjury.
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”.
Mr 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.
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