High Court reporters
Enoch Burke looks set to remain in prison for Christmas after he refused in the High Court to give an undertaking to comply with a court order to stay away from the secondary school where he used to work.
The teacher, who has already spent 200 days in jail, was asked in the High Court on several occasions by Mr Justice Mark Sanfey on Tuesday if he was prepared to comply with an order to stay away from Wilson's Hospital School, Co Westmeath.
The teacher said compliance with the order would be like "giving up" his religious beliefs and an endorsement of transgenderism.
During the hearing on Tuesday, Mr Burke and members of his family were directed by the judge to leave the courtroom for interrupting the court.
The judge rose from the bench five times during the hearing.
Mr Burke and his family voiced their strong criticisms of several judges who have considered and ruled on aspects of the ongoing legal battle, as well as lawyers representing the school board. The media was also criticised by members of the Burke family.
In submissions to the court, Enoch Burke said he is in prison because of decisions made by various judges.
He said that he has now spent over 200 days in prison with drug dealers and murderers over his refusal to accept a direction from the school to address a student by a different pronoun.
Purge contempt
Mr Justice Sanfey told the teacher that the court was only concerned with whether the teacher was prepared to purge his contempt and give an undertaking to stay away from the school, which would secure his release.
Mr Justice Sanfey also told Mr Burke that he "didn't like being talked over" as it was "disrespectful to the court".
Mr Burke said he had a right to make submissions to the court, continuing with his criticisms of various parties, and asked the court if it was concerned about judges "who should not be" in the positions they held, questioning their appointments and promotions.
The judge said Mr Burke may well have issues regarding decisions made by other members of the bench in relation to the dispute. He added there are other forums where such concerns could be addressed, but said Tuesday's review of his imprisonment for contempt was not one of them.
Counsel for the school board, Rosemary Mallon Bl, who rejected the personal criticisms made by Mr Burke, said her client was "reluctantly" asking the court to maintain the 'status quo' by keeping Mr Burke in prison until he is prepared to abide by the order to stay away from the school.
The judge, who said it was clear that Mr Burke was not prepared to comply with the court's order, ruled that the teacher remain incarcerated until he is prepared to purge his contempt.
Mr Burke can come to court at any time and give undertakings that will secure his release, the judge added.
'Orchestrated campaign'
The judge said Mr Burke and members of his family had engaged in an orchestrated campaign designed to disrupt the proceedings before him.
Such behaviour, as well as the flagrant breach of court orders, the judge added, "won't be tolerated".
The matter was adjourned to a date in February for a further review.
Mr Burke was jailed for the second time last September after the school's board asked the court for orders to jail the teacher over his deliberate failure to comply with a permanent injunction restraining him from attending the school granted by Mr Justice Owens in July.
The board claimed Mr Burke had attended Wilson's Hospital School's campus every day since the 2023-2024 school year commenced in August.
The school board alleges that Mr Burke's presence at the school had caused "severe disruption for staff and students". That claim is denied.
In September, Mr Justice Mark Heslin ruled that Mr Burke had "flagrantly breached" the orders requiring him to stay away from the school and ordered that he be committed to prison "indefinitely," until he purges his contempt.
Mr Burke, who is separately appealing a decision by the school to dismiss him from his post as a German and History teacher, has argued that he is in prison because of his opposition to 'transgenderism', and that Mr Justice Owens' order is invalid.
Mr Burke has also accused the court of failing to recognise his constitutional rights to religious freedom, and that those rights were breached when the school instructed him to refer to a male student by a different pronoun.
During his first stint behind bars, he spent over 100 days in Mountjoy between September and December of last year.
Following his suspension from his position at the school in August 2022, Mr Burke was sued by the school over his failure to comply with a court order requiring him to stay away from the school.
Last December, he was released by Mr Justice O'Moore shortly before Christmas, without purging his contempt.
He again started attending the school campus after the Christmas holidays, and the High Court imposed a daily fine of €700 on Mr Burke.
He has also brought a challenge against the three-person panel appointed to hear his appeal against his dismissal from his teaching position.
Judgment is awaited in those separate proceedings against the panel.
