The High Court has ruled that the transfer of Enoch Burke from Mountjoy Prison in Dublin to Castlerea Prison in County Roscommon earlier this month was lawful.
Legal Challenge Dismissed
Judge Brian Cregan delivered the judgment on Wednesday, stating that Burke “has the keys to his own prison cell in Castlerea Prison, just as he has in Mountjoy Prison.” Burke is currently imprisoned for breaching a court order that prohibits him from attending Wilson’s Hospital School in County Westmeath, where he previously taught German and history.
The transfer was challenged by Burke, who argued it had “no legal basis” and that the court had ordered his detention specifically at Mountjoy Prison. However, Judge Cregan dismissed this challenge, citing the Prisons Act 2007, which states a prisoner “committed to prison…may be lawfully confined in any prison.”
Prison Privileges and the Transfer
The court heard that the Irish Prison Service transferred Burke after his conduct during an escort to a recent court hearing led to the removal of his “enhanced” privileges. These privileges included single-cell accommodation separate from the general prison population. The loss of this status necessitated a transfer.
Judge Cregan also criticized Burke’s framing of his imprisonment, stating that it was inaccurate to portray it as stemming from his religious beliefs. The judge emphasized that the court order simply required Burke to refrain from trespassing on school grounds.
Burke was also ordered to pay the legal costs incurred by the governors of both Mountjoy and Castlerea prisons. He was muted during the proceedings when he attempted to interrupt the judge’s ruling on costs.
Burke was initially banned from Wilson’s Hospital School following a High Court ruling in May 2023, which upheld the school’s decision to suspend him. He is currently seeking permission to appeal that ruling. The initial suspension stemmed from his conduct towards the school principal, Niamh McShane, during a school event in June 2022, related to the use of preferred pronouns for a student.
Frequently Asked Questions
What was the reason for Enoch Burke’s initial imprisonment?
Enoch Burke is in jail for breaching a court order banning him from Wilson’s Hospital School, Co Westmeath.
What did the judge say about the basis of Burke’s imprisonment?
The judge criticized Burke’s characterization of the reasons for his imprisonment, stating it was inaccurate to portray it as stemming from his religious beliefs and that the court order simply required him not to trespass on school grounds.
What is the Prisons Act 2007’s role in this case?
The Prisons Act 2007 states that a prisoner “committed to prison…may be lawfully confined in any prison,” which the judge used to justify the lawful transfer of Burke from Mountjoy to Castlerea Prison.
As Burke continues to challenge the legal basis of his detention, it remains to be seen whether he will be granted permission to appeal the initial High Court ruling regarding his suspension from Wilson’s Hospital School, or if further legal challenges regarding his imprisonment will arise.
