Enoch Burke again refuses to purge his contempt of court order banning him from school

Enoch Burke has spent more than 600 days in separate spells in jail.

Jailed schoolteacher Enoch Burke has again refused to purge his contempt of a court order banning him from Wilson’s Hospital School, his one-time workplace.

In May 2023, Mr Justice Alexander Owens ruled that the Co Westmeath school validly had suspended Mr Burke from his teaching position, and subsequently ordered that Burke be restrained from attending at the school premises.

The school suspended — and later dismissed — Mr Burke over his conduct towards the then-principal Niamh McShane at a school religious event in June 2022. His dismissal is currently subject to a disciplinary appeals panel (Dap) process.

The confrontation arose in circumstances where the principal had earlier requested teachers to address a student by a new name, and with the pronouns “they” and “them”. Enoch Burke, an evangelical Christian, has maintained that this request went against his religious beliefs.

He has repeatedly breached the judge’s order to stay away from the school, and is currently incarcerated at Castlerea Prison over this contempt of court. He has spent more than 600 days in separate spells in jail.

Mr Burke is currently seeking permission from the Court of Appeal (CoA) to bring a late challenge against Judge Owens’ May 2023 judgment. The CoA reserved judgment in Mr Burke’s application for a late appeal last month.

Tuesday's proceedings

Enoch Burke’s case came before Mr Justice Brian Cregan on Tuesday to review whether he was willing to purge his contempt of the court orders banning him from the school.

Asked if he was willing to purge his contempt, Mr Burke, appearing via video-link, noted that the reasons for his imprisonment are currently before the CoA.

He repeated his position that he did not believe he should be in prison, claiming the principal's instruction to use a student’s preferred pronouns had no standing in law.

He submitted that the position of the Department of Education is that schools cannot be compelled to use a pupil’s preferred pronouns.

“I shouldn’t be in prison, I should be in my classroom, I should be with my students,” he said.

Mr Burke also stated that a third disciplinary appeals panel convened to hear his challenge to his dismissal from the school had “crashed”, submitting that he was removed from a panel hearing two weeks ago when he objected to the presence of lawyers for the school’s board of management.

He submitted that the “Dap and board of management can not allow a fair hearing in this matter”. “The process is rotten at its core,” he stated.

When the judge repeated his question asking if he would purge his contempt, Mr Burke said he had “faithfully attended” his workplace for eight years, and that this was not trespassing.

The judge said Enoch Burke was in breach of Mr Justice Owen's order, and as of today, it was a valid and lawful order of the High Court.

The judge said it was clear that Mr Burke did not wish to purge his contempt, and adjourned the matter for four weeks. The judge said it was open to Enoch Burke to purge his contempt at any time.