Courts / Ireland / Report

Enoch Burke asks for 'gravely flawed' order unpinning his incarceration to be set aside

Summary

Teacher Enoch Burke, the applicant, appeared before the High Court in an appeal regarding his ongoing incarceration at Mountjoy Prison. Mr. Burke was jailed last September for his deliberate failure to comply with a permanent injunction restraining him from attending Wilson's Hospital School in Co Westmeath. He asked the court to set aside the order, alleging it was flawed and breached his constitutional rights. Mr. Justice Mark Sanfey noted that the normal course for challenging a High Court judgment is an appeal to the Court of Appeal, and he was not prepared to consider the application immediately. The judge adjourned the application to a date in June and established a timetable for the exchange of legal documents. Mr. Burke remains in custody, having indicated he is not prepared to purge his contempt by agreeing to stay away from the school. The school's counsel stated they would not object to his release during the holidays without him purging his contempt, but the judge maintained that court orders must be obeyed. The matter was adjourned, and no final determination was made on the application to set aside the order.

Who, what, where, when and why

What: Report matter: Enoch Burke asks for 'gravely flawed' order unpinning his incarceration to be set aside. Procedural stage: appeal

When:

• December 2022 Hearing Or Sentence
• August 2022 Hearing Or Sentence
• 2024-06-14 Publication

Why: Mr Burke denies that he is in contempt of court and claims he has been wrongfully imprisoned because of his objections to "Transgenderism", following an alleged direction by the school to call a then-student by a different pronoun. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

Read the original CNI report