Transfer of Enoch Burke to Castlerea Prison has ‘no basis in law’, brother claims
Jailed teacher Enoch Burke has been transferred to Castlerea Prison in Co Roscommon in a move that has “no basis in law”, his brother has told the High Court.Isaac Burke said the transfer occurred “without warning or notice” on Sunday morning despite the court’s order stating Enoch Burke “shall be detained in Mountjoy Prison” in Dublin.“It specifically mentions a specific prison,” he said of the order of last January 19th, which he said has been “breached by the prison authorities”.Isaac Burke said his brother “should not be detained at all”, but “at the very least” should be left in the jail as ordered by the High Court.READ MORE‘An impulsive moment’: Bouncer jailed for involuntary manslaughter of Irishman in BostonPunching alone could have caused extensive damage to deceased man’s brain, trial hearsWind farm developer Coolglass awarded 50% of legal costs in landmark Supreme Court challengeMan convicted on dog neglect charges must pay more than €15,000 in fines and costsJudge Brian Cregan said that, although he did not doubt what he was being told, there was no actual evidence before the court that Enoch Burke had been moved.If Isaac or Enoch Burke want to contest the transfer, he said they should bring a formal application before the court on Tuesday.“I’m sorry this is a matter of the court’s order being breached,” Isaac Burke said, adding that his brother has been given no explanation for the transfer.The judge said the prison authorities may have a different view and these issues would need to be teased out.[ The Burkes are back in town (again) – and they insist the judge won’t winOpens in new window ]He told him to write to the relevant prison governors indicating that the matter would come before the court on Tuesday.Isaac Burke said he was “gravely concerned” that an order of the court was being breached by the prison authorities.The judge asked him what time would suit for the application to be heard on Tuesday, to which Isaac Burke replied that he was before the court on Monday and ready to make his application. The judge then moved on to the rest of his court’s list.Enoch Burke is incarcerated for contempt of court as he has repeatedly breached an order to stay away from his former place of work, Wilson’s Hospital School in Co Westmeath. Burke has repeatedly claimed his imprisonment is related to his religious beliefs and views on transgender issues. This assertion has been rejected by several High Court judges.The Court of Appeal last week granted Burke an expedited hearing of his attempt to challenge a High Court judgment handed down almost three years ago banning him from Wilson’s Hospital School.In May 2023, Judge Alexander Owens ruled the school had validly suspended him from his teaching position. The judge ordered that Burke should be restrained from attending at the school premises.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 after McShane requested teachers to address a student by a new name and with the pronouns “they” and “them”. Burke, an evangelical Christian, maintains this request went against his religious beliefs.His appeal against his dismissal from his teaching job has yet to be fully heard and determined by a disciplinary appeals panel. Two disciplinary appeals panels have been dissolved without fully hearing the appeal. Last week, an action taken by Burke was struck out and deemed moot after two of the panel members resigned last month on foot of legal advice and a third member accepted she could not be part of a reconvened panel.
