Jailed teacher Enoch Burke has claimed his transfer from Mountjoy Prison in Dublin to Castlerea Prison in Co Roscommon has “no legal basis”.
The High Court jailed Burke in January on foot of his continued breaching of an order banning him from Wilson’s Hospital School in Co Westmeath, where he previously taught German and history.
Burke has spent more than 600 days in prison in separate spells for his contempt of the court order.
He was banned from the school when Judge Alexander Owens ruled in May 2023 that Wilson’s Hospital had validly suspended Burke from his teaching position. He ordered that Burke be restrained from attending at the school premises.
READ MORE
The school suspended – and later dismissed – Burke over his conduct towards the then-principal Niamh McShane at a school religious event in June 2022.
The confrontation arose in circumstances where McShane had earlier requested teachers to address a student by a new name, and with the pronouns “they” and “them”. Burke, an evangelical Christian, has maintained that this request went against his religious beliefs.
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.
On March 1st, Burke was transferred by the Irish Prison Service from Mountjoy Prison – where he had been detained during his various periods of incarceration – to Castlerea Prison.
On Tuesday, Burke, appearing before Judge Brian Cregan via video-link, said that transfer had “no legal basis”, arguing that the court had ordered his detention be at Mountjoy.
He said the transfer was wrong and should not have happened and “needs to be put right”. He said this argument was made without prejudice to his position that he should not be incarcerated and that the original order banning him from Wilson’s Hospital School was invalid.
Aoife O’Leary, barrister for the Governor of Mountjoy Prison, said legislation provided her client with wide discretion to transfer inmates between prisons.
Burke, in response, said the referred-to legislation dealt with criminal matters and could not apply to his incarceration as it is a civil matter.
The judge directed O’Leary to provide the court with documents outlining the facts of Burke’s transfer and the reasons why the governor says he was entitled to transfer the teacher.
Having dealt with the prison transfer matter, the judge moved to seek an update from Rosemary Mallon, barrister for Wilson’s Hospital School, on the convening of a new disciplinary appeals panel (Dap) to hear Burke’s challenge to his dismissal from the school.
Burke has brought separate lawsuits against two previous panels convened to hear his appeal. His most recent action was struck out last month in circumstances where two panel members had resigned following legal advice and acceptance by the third member that she could not be part of a reconvened panel.
Before Mallon could update the judge, Burke submitted that it was not appropriate for the court to interfere with the Dap process. He said the court had no role in the Dap process and any comment or remark made by the court on the process would represent an “unlawful interference”.
Burke also noted that he has been granted an expedited hearing date in his attempt to bring a late appeal to Judge Owens’ judgment banning him from Wilson’s Hospital School. He said it was his position that his appeal should be determined before the Dap process continues.
The judge said he did not agree with Burke’s submission and said his sole concern in respect of the Dap was in the context of Burke’s ongoing imprisonment, and the court’s role in overseeing his attachment and committal.
However, the judge said he noted Burke’s concerns, and in those circumstances, said he would not ask Mallon for an update.
The matter will return to court later this week.
