Jailed teacher Enoch Burke has challenged his recent transfer from Mountjoy Prison in Dublin to Castlerea Prison in Co Roscommon, claiming the move has “no legal basis.” Burke is currently incarcerated for repeatedly violating a court order.
Prison Transfer Challenged
Burke, appearing before Judge Brian Cregan via video-link on Tuesday, argued the transfer – which occurred on March 1st – was unlawful, stating the court had previously ordered his detention at Mountjoy Prison. He maintained the transfer was “wrong and shouldn’t have happened and needs to be put right,” while also reiterating his position that his original detention and the order banning him from Wilson’s Hospital School are invalid.
Aoife O’Leary, representing the Governor of Mountjoy Prison, informed the court that legislation grants discretion to transfer inmates between prisons covered under the relevant act. Burke countered that this legislation applies to criminal matters and is therefore inapplicable to his case, which he characterizes as a civil matter.
Disciplinary Appeal Process Also Under Scrutiny
The court also addressed the ongoing process of convening a disciplinary appeals panel (DAP) to review Burke’s dismissal from Wilson’s Hospital School. Burke has previously launched legal challenges against two prior panels. His most recent challenge was struck out last month after two panel members resigned and the third acknowledged they could not participate in a reconvened panel.
Burke argued the court should not interfere with the DAP process, claiming it has no role to play. He also stated his appeal against Judge Alexander Owens’ original judgment banning him from the school grounds has been granted an expedited hearing, and believes that appeal should be resolved before the DAP proceeds.
Judge Cregan disagreed with Burke’s assessment of the court’s role regarding the DAP, stating his concern is limited to overseeing Burke’s imprisonment and committal. However, he indicated he would not seek an update on the DAP at this time, acknowledging Burke’s concerns.
Frequently Asked Questions
Why was Enoch Burke initially jailed?
Enoch Burke was jailed in January for continuing to breach a court order banning him from Wilson’s Hospital School in Co Westmeath.
What was the original dispute between Burke and Wilson’s Hospital School?
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 stemmed from a request that teachers address a student by a new name and pronouns, which Burke, an evangelical Christian, opposed on religious grounds.
What is the status of Burke’s appeal against the original judgment?
Burke has been granted an expedited hearing date to appeal Judge Alexander Owens’ judgment banning him from Wilson’s Hospital School.
As the court has directed the Governor of Mountjoy Prison to provide documentation regarding the transfer, and the matter is set to return to court later this week, further developments are likely. It remains to be seen whether the court will order Burke’s return to Mountjoy Prison or uphold the Irish Prison Service’s decision to transfer him to Castlerea Prison.
