The High Court has ordered the release of teacher Enoch Burke from prison.
Mr Burke has been in custody for nearly 700 days since September 2022 after repeatedly breaching court orders requiring him to stay away from Wilson’s Hospital School in County Westmeath.
Mr Justice Brian Cregan ruled that a material change in circumstances occurred last May when Mr Burke lost his appeal against his dismissal from the school on grounds of gross misconduct.
The judge noted that the Department of Education had ceased paying his salary, meaning he had now exhausted all internal employment appeals, his dismissal had been upheld, and his employment had effectively ended.
Justice Cregan said this represented a significant point in the ongoing dispute with the school, making it appropriate to release him. He added that the school year had concluded, so even if Mr Burke returned to the premises he was unlikely to cause major disruption before September.
The judge acknowledged the school’s concerns about a potential return at the start of the new academic year but said any such issues could be addressed through a fresh court application.
Justice Cregan decided to release Mr Burke despite his failure to purge his contempt, stressing that the permanent injunction barring him from the school grounds remains fully in force.
He confirmed that the injunction is a valid High Court order. The school has stated it will report any further trespass by Mr Burke to the gardaà and pursue a criminal prosecution.
Mr Burke’s liability for the court-imposed fines continues, with the final amount to be determined at a later hearing.
The judge emphasised that while Mr Burke is fully entitled to hold his religious beliefs, he is not entitled to his own version of events. Every claim that he is imprisoned for opposing transgender issues is false. The record shows he is in prison for trespassing on school property, as set out clearly in multiple written court judgments.
Justice Cregan added that Mr Burke may express his views on transgenderism freely outside the school gates, but he must not trespass on the premises or disrupt the education of its pupils.
He described Mr Burke as an unwelcome intruder on school grounds who was deliberately seeking to disrupt the education of young students as part of his campaign. The judge said Mr Burke is permitted to protest outside the school gates but has no right to enter the buildings, interfere with classes, harass security staff or ignore court orders.
Justice Cregan stated that such behaviour showed a teacher who had completely lost his moral compass.
The judge noted Mr Burke’s intention to appeal to the Supreme Court but made clear that, unless and until that court overturns the High Court’s permanent injunction, the order remains lawful, binding and must be obeyed.
Tell us your thoughts in the Facebook post and share this with your friends.
