Enoch Burke tells High Court moving him to Castlerea Prison has no basis in law

By Gráinne Ní Aodha, Press Association

Teacher Enoch Burke has said moving him from a Dublin prison to one in Co Roscommon has no basis in law.

The evangelical Christian from Co Mayo was moved from Mountjoy Prison to Castlerea Prison on March 1st.

He appeared before the High Court on Tuesday to argue that his transfer should not be allowed as his detention was based on a civil rather than a criminal matter.

Burke and his family have appeared in court multiple times in recent years in relation to a dispute with the board of management of Wilson’s Hospital School in Co Westmeath, where Burke worked as a teacher.

He has challenged several aspects of the dispute in the courts and has been imprisoned since January for contempt of court.

His mother Martina and sister Ammi have also been ordered by a judge to be imprisoned for contempt of court.

Appearing before the High Court on Tuesday by video-link, Burke said his brother Isaac, who was in the courtroom, had written to and emailed the governors of Mountjoy Prison and Castlerea Prison to say that Mr Burke had been “moved without warning or notice” to Castlerea Prison and was not given a reason for his transfer.

Burke said his removal to Castlerea Prison was “in breach” of a High Court order for his committal, which referred to Mountjoy Prison, and had no basis in law.

Burke told the court the email was sent last Tuesday at 5pm, and on Wednesday at 9.30am there was a “token response” but “no further response since that time”.

He said the court “has power to do something about it” and that he should not have to take further action.

Judge Brian Cregan asked Burke if he was asking to be returned to Mountjoy Prison.

Burke paused initially, before stating that his application was that his transfer to Castlerea Prison had no legal basis and that his transfer “was wrong and shouldn’t have happened and needs to be put right”.

He then said he was making the application without prejudice to his position that his overall detention was unlawful.

Aoife O’Leary, representing the governor of Mountjoy Prison, told the court that under the Criminal Justice (Administration) Act, discretion was given to remove a person from one prison covered under the act to another.

Judge Cregan asked that an affidavit and legal submission be prepared setting out the facts.

Why would a legal submission be prepared on the Criminal Justice Act when the dogs on the street know this isn’t a criminal matter?

Burke interrupted to say that he believed it was “fully unnecessary” for the judge to make orders about affidavits and legal submissions.

He said the Criminal Justice Act had “no application whatsoever” as he was not convicted of a criminal offence.

“Why would a legal submission be prepared on the Criminal Justice Act when the dogs on the street know this isn’t a criminal matter?” he said.

“The court should deal with this matter today,” he said, adding that it should not be “kicking it down the road” when it is a “very simple point”.

Judge Cregan said that on January 19th, he had found Burke to be in contempt of court and said he would be committed to Mountjoy Prison, but in a written judgment, he said Burke should be committed to prison and made no reference to Mountjoy.

“It should be dealt with today,” Burke said.

“It won’t be dealt with today,” Judge Cregan replied.

The case will appear before Judge Cregan again at 10.30am on Thursday.

Judge Cregan also asked for an update on the appointment of a new Disciplinary Appeals Panel (DAP), which will assess the decision of the board of management of Wilson’s Hospital School to dismiss Burke.

Burke had challenged the make-up of the panel in court; in February the court heard that two members of the three-person panel had resigned and that a new panel would be appointed.

Speaking in court on Tuesday, Burke said it was not “appropriate” for the court to interfere in the DAP process.

He said the court “has no role” in the DAP’s process and “any comments (or) remarks as to how or when the DAP should operate, I say, is unlawful interference”.

Burke also said that an appeal he had filed against the judgment of Alexander Owens in relation to the original dispute with Wilson’s Hospital School had been “granted an expedited appeal” that would be heard in April.

He argued that the appeal should be heard before the DAP process continued as, if he were successful, it would “invalidate” the dismissal process against him.

Judge Cregan said he noted Burke’s submissions but did not agree with them.

This court has no interest in you remaining in prison one day longer than is necessary

He said his “sole concern” by asking for an update on the DAP appointment was in relation to his imprisonment.

“This court has no interest in you remaining in prison one day longer than is necessary,” he said.

No updates on the DAP appointment process were heard in court.

The long-running legal dispute between the board of the Co Westmeath school and Burke stems from incidents over a request in 2022 from the school’s then-principal to address a student by a new name and pronoun.

Burke, who taught German and history at the school, has repeatedly argued the direction was unconstitutional and went against his right to express his religious beliefs.

The school has been granted injunctive relief, restraining him from attending the school, but he has continued to attend in breach of the order, arguing that it was still his place of work.

He has been fined €225,000 and imprisoned for more than 550 days for attending the school in breach of the court order.