Enoch Burke says ‘this is a travesty’ as he is released from Mountjoy Prison

Enoch Burke was released from prison on Wednesday despite indicating he would attend a Co Westmeath school in defiance of a court order.

A High Court judge said he should be released from Mountjoy Prison to prepare for a case launched against an appeals body due to review his dismissal from Wilson’s Hospital School.

The judge said the decision was being made on the basis that he would not attend the school and he would be brought back to prison if he did.

Mr Burke rejected the reasons given by the judge for his release when he appeared before the court via videolink.

As he walked out of Mountjoy Prison on Wednesday, Mr Burke repeated comments he made in court rejecting the judge’s reasoning for releasing him.

“This is a travesty now today,” he said upon his release as he criticised what he called a delay in the administration of justice.

“He (the judge) knows well where I will be tomorrow.”

Earlier in court, the judge said Mr Burke would be “hamstrung” in preparing a legal case while in prison, and he dismissed Mr Burke’s rejection of that reasoning as “nonsense”.

Mr Burke has been in jail since late November for breaches of a court order directing him not to trespass at Wilson’s Hospital School in Co Westmeath, where he worked as a teacher.

Last week, he sought a temporary injunction against a disciplinary appeals body tasked with reviewing his dismissal from the school.

Before the High Court on Wednesday, Mr Justice Brian Cregan said Mr Burke had raised “substantive” and “credible” issues in papers prepared against the Disciplinary Appeals Panel (DAP).

The judge said he was directing that Mr Burke be released from prison for “one reason and one reason only”, in the interest of the administration of justice and so that he has time to prepare for his case against the DAP.

He said his release was on the condition that Mr Burke does not trespass on the school’s property, and if he does, he directed that the school come to the High Court the next day and he will have “no hesitation” in imprisoning him

Mr Burke indicated to the court several times that he would attend Wilson’s Hospital School when released.

“If I am released from this court today, I will be at my workplace tomorrow,” he said.

“If I am released from prison, my duty is to be at my workplace.”

The court maintained Mr Burke should be released, but said the case would be put in for mention on Thursday to deal with whether Mr Burke attends the school.

Mr Burke then accused the court of an “outstanding U-turn” and of hypocrisy by choosing to release him from prison.

Mr Cregan said: “Mr Burke, your ability to shoot yourself in the foot is unparalleled, in my experience.”

Two of Mr Burke’s brothers attempted to interrupt proceedings on Wednesday: Isaac Burke spoke by videolink and was muted by the court, and Simeon Burke, who is a barrister, was told to leave the court towards the end of proceedings.

“I am going to do something I have never asked someone to do before, I am going to ask you, as a member of the Bar, to leave the court,” Mr Cregan said, adding that he had no right of representation.

The board of management of the Co Westmeath school and Mr Burke have been entangled in a legal dispute stemming from incidents over a request in 2022 from the school’s then-principal to address a student by a new name and pronoun.

Mr Burke, an Evangelical Christian who taught German and history at the school, has repeatedly argued the direction was unconstitutional and went against his right to express his religious beliefs.

The school has been granted injunctive relief, restraining him from attending the school, however he continued to attend in breach of the order.

He has been fined 225,000 euro and imprisoned for 550 days, a figure cited by Mr Burke, for attending the school in breach of the court order.

Mr Burke carried a bag of his belongings when he was released from prison.

After addressing the media briefly, he departed in a taxi with a family member.