Advertisement

Why Enoch Burke has been released from prison

Mr Burke was jailed in early September after he breached an injunction
Jack Quann
Jack Quann

07.43 22 Dec 2022


Share this article


Why Enoch Burke has been relea...

Why Enoch Burke has been released from prison

Jack Quann
Jack Quann

07.43 22 Dec 2022


Share this article


Enoch Burke has been released from prison following a High Court order.

It followed a hearing on Wednesday, where Mr Justice Brian O'Moore said the only threat to Mr Burke's continued freedom would be if he again breached a High Court order.

The schoolteacher was jailed in early September after he breached an injunction directing him to stay away from Wilson's Hospital School in Co Westmeath.

Advertisement

Mr Burke was suspended by the school on full pay following a public row with the school principal.

That came after he refused to address a gender-transitioning student by a different name and with the pronoun 'they'.

Despite the suspension, he continued turning up for work - including sitting in empty classrooms when his pupils were taken elsewhere.

The court then granted the injunction barring him from attending the school.

He was jailed after he refused to give undertakings he would stay away if he was released.

Legal Affairs Editor at the Irish Independent, Shane Phelan, told Newstalk Breakfast further measures could be taken against Mr Burke if he breaches the order again.

"He's continued to say he would defy those orders if released," he said.

"In theory when you're jailed for contempt of court, you have to stay in prison until you purge your contempt.

"There have been other cases where exceptions have been made by the High Court, and these tend to be made where a person has been in prison for a prolonged period - but the coercive effect of the order hasn't really applied.

"He was warned in this judgement yesterday that the only threat to his liberty is if he goes and breaches the order.

"He's also been warned that it wouldn't be just a case of going back to prison.

"There could be other measures taken against him, including financial measures.

"His assets could be sequestered; he could be fined."

Released for Christmas

Shane said Mr Justice O'Moore had "some very interesting comments" about Enoch Burke's motivation.

"[He] felt that Burke was exploiting the situation because Burke could have been out of prison long ago had he wanted to, balked at the idea of being released for Christmas [and] resisted attempts for an early trial of the action," he said.

"The judge said the only plausible interpretation of his actions was he somehow saw some advantage to continuing in prison.

"Another factor here is the cost to the taxpayer - the judge said that it was intolerable that the taxpayer would be footing the bill for Burke to be in prison for so long," he added.

Main image: Schoolteacher Enoch Burke leaves the High Court in Dublin in September 2022. Picture by:PA Images / Alamy Stock Photo

Share this article


Read more about

Co Westmeath Contempt Of Court Enoch Burke High Court Mr Justice Brian O'Moore Newstalk Breakfast Shane Phelan Wilson's Hospital School

Most Popular