The Irish teacher Enoch Burke will remain in prison over Christmas after the High Court warned him that he will not be released unless he formally commits to not entering the school where he worked, Wilson’s Hospital School. Burke was returned to jail two weeks ago for contempt, after continuing to show up at the school despite a court order prohibiting him from entering the property.
During the hearing, the judge Brian Cregan accused Burke and his family of carrying out “the most deliberate, sustained, and concerted attack on the authority of the civil courts and the rule of law in recent times”.
A conflict that began in 2022 for refusing to use pronouns “they/them”
The case, which has polarized the country, dates back to August 2022, when Burke refused to obey his principal's instruction to use a new name and pronouns “they/them” for a student. Burke maintains that complying with that order would imply “telling a lie” and violating his Christian conscience. Since then, the teacher has spent more than 500 days in prison, accumulated in various periods of contempt.
The judicial authorities used to release him temporarily during school holidays, but the teacher would return to the school as soon as classes resumed, prompting new arrest orders. As the judge explained, neither fines nor the hiring of security guards have managed to prevent Burke from returning to the school.
The judge denies him any special release: “There will be no preferential treatment”
In the most recent hearing, Burke again refused to offer guarantees that he would comply with the court order if released. He assured that he respects the law, but that “he is not in contempt”, and accused the court of trying to force him to tell the truth.
Judge Cregan was blunt: the teacher will not be released at Christmas, nor at Easter, nor in summer, and will only regain his freedom when he agrees to stay away from the school. “You are a blatant contemnor —he told him— and there will be no preferential treatment for you”.
Burke responded that he never asked for a favor or a “Christmas gift”, but for “truth”. At one point, he even claimed to be “speaking on behalf of the people of Ireland”, to which the judge reminded him: “You are not an elected representative”.
The Burke family could also face criminal contempt charges
The court also reported that the Attorney General is considering initiating criminal contempt proceedings against Burke himself, his brother Isaac, his mother Martina, and his sister Ammi, due to their conduct during several court hearings.
The judge also ordered Burke to pay the costs of the proceedings, including those of the school, the Department of Education, and the receiver appointed over his bank account.
Appeals and new legal battles ahead
The underlying disciplinary conflict is not closed either. The Department of Education has convened a Disciplinary Appeal Board for December 13, where Burke's appeal against his dismissal will be evaluated. However, the teacher insists that the process must be postponed until he files a new appeal before the Supreme Court, alleging that two previous Court of Appeal rulings contain “diametrically opposed conclusions” about the real reason for his sanction.
Burke claims that one ruling confirmed that he was not punished for his beliefs regarding transgenderism, while another acknowledges that his objections to using pronouns did influence his disciplinary process. The teacher has written to the Court of Appeal and announced that he will take the case to the Supreme Court.
Verbal clashes and tension in the courtroom: the judge accuses him of “living in a fantasy world”
During the hearing, Burke also objected to the judge describing him last week as “a malevolent presence… an intruder stalking the school, its teachers, and its students”. He even presented printed definitions of the terms “baleful” and “malign”.
Judge Cregan dismissed it harshly, stating that the teacher “does not score points” for not having exercised physical violence and that his definition came from “Google”, not the Oxford English Dictionary. He added that the teacher was “an intruder” and compared him to “Hamlet stalking Elsinore”, accusing him of “living in a fantasy world”.
Burke retorted by accusing the judge of “disinformation”, to which the magistrate responded that there has been “an avalanche of lies and disinformation” on the part of the teacher and his family about the reasons for his imprisonment. The final resolution on Burke's application will be communicated later.
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