‘I shouldn’t be in prison, I should be back in my job,’ says Enoch Burke as he launches legal bid for release from prison

Jailed schoolteacher Enoch Burke has made an application to the High Court aimed at setting aside the court order underpinning his ongoing incarceration.

The bid for freedom came on his 389th day behind bars since he was first found in contempt of court in September 2022.

In a submission handed in to the court, Mr Burke claimed a ruling given by Mr Justice Alexander Owens in May last year, in which the judge granted the school an injunction against him, was “unsound”.

The application to have the judgment and orders flowing from it set aside is set to be opposed by the board of management of Wilson’s Hospital School.

Barrister Rosemary Mallon, for the board, said her initial view was that it was “entirely misconceived” and that a High Court judge did not have jurisdiction to set aside a ruling made by another High Court judge.

Mr Justice Mark Sanfey has scheduled a hearing for a fortnight’s time to consider whether he has jurisdiction.

The judge asked Mr Burke why he had not appealed Mr Justice Owens’ ruling to the Court of Appeal, but the schoolteacher did not directly respond to the question.

There were testy exchanges between Mr Burke and Mr Justice Sanfey after the teacher repeatedly asked the judge to deal with his application there and then.

The judge said he was unwilling to do so because the school had been made aware of the application only this morning and would need time to consider its position.

“Mr Burke effectively comes before the court and says his application is so convincing and so clear that not only should I accede to the application without giving the opportunity to the other side to consider it, but that I should apologise to him for his incarceration going on this long,” said Mr Justice Sanfey

“This unfortunately is the sort of specious nonsense I have had to listen to from Mr Burke over the last year. Mr Burke is well aware of the necessity to give parties to an action notice when an application is brought before the court.”

The application was made at a hearing to review Mr Burke’s ongoing incarceration. He was returned to Mountjoy Prison afterwards, after indicating yet again he would not comply with Mr Justice Owens’ order restraining him from the premises of the Westmeath school, where he was a teacher of German and history.

From a well-known family of evangelical Christians, Mr Burke was suspended in August 2022 following incidents in which he publicly questioned a request from management to call a transgender child by a new name and use they/them pronouns.

But he continued to show up at the school each day despite the suspension and subsequent dismissal in January last year.

The board of management secured interlocutory court orders restraining him from the premises, which he repeatedly ignored, landing him in jail.

Last year Mr Justice Owens gave the school a permanent injunction restraining Mr Burke from its premises. He also found the school was entitled to €15,000 in damages for trespass.

In a written submission, Mr Burke today claimed the ruling was “gravely flawed” by reason of what he claimed was the “fundamental disregard” of his constitutional right to freedom of conscience and free profession and practice of religion.

“I shouldn’t be in prison. I should be in my place of employment. I should be back in my job,” he told the court.

Mr Burke was accompanied in court by his parents Sean and Martina, and siblings Isaac, Ammi, Josiah and Kezia.

While there were a number of terse exchanges, the hearing was more restrained than previous ones and no members of the Burke were ejected from the courtroom.

There was a large garda presence in and around the court and the judge warned at the outset that he would order the removal of anyone who interrupted the proceedings. He also said anyone removed would be barred from attending in court on future dates.

Mr Justice Sanfey said that if Mr Burke’s indicated he would give an undertaking to abide by Mr Justice Owens’ order, then he could be released.

“Like every other citizen of this country, you must comply with orders of this court,” he said.

However, the teacher repeatedly insisted he was “not in contempt of the law” and claimed the court had “no regard for the constitution”.

Get ahead of the day with the morning headlines at 7.30am and Fionnán Sheahan's exclusive take on the day's news every afternoon, with our free daily newsletter.