Enoch Burke Remains in Prison After Refusing to Purge Contempt, Disciplinary Appeal 'Crashes'

Key facts

• Enoch Burke has spent more than 650 days in prison for contempt of court.
• He appeared before the High Court via video link on Tuesday, four years after the dispute began.
• Burke was suspended and later dismissed from Wilson's Hospital School in County Westmeath.
• The dispute arose from a request by then-principal Niamh McShane to address a student by a new name and pronouns.
• Burke, an evangelical Christian, says the direction violates his religious beliefs and constitutional rights.
• Judge Brian Cregan told Burke he could be released if he commits to staying away from the school.
• Burke's disciplinary appeal process has 'crashed' for a third time, according to his statement in court.
• The Court of Appeal has reserved judgment on Burke's application for a late appeal against the 2023 ruling.

A Defiant Stand in the High Court

Enoch Burke, the jailed former teacher at Wilson's Hospital School, appeared before the High Court on Tuesday via video link from Castlerea Prison and again refused to purge his contempt of court. Judge Brian Cregan gave him the opportunity to commit to staying away from the school, which would have secured his release. Burke declined, insisting that his presence on school grounds was not trespassing but faithful attendance at his workplace. "I shouldn't be in prison, I should be in my classroom, I should be with my students, I shouldn't be here," Burke told the court. When asked directly whether he would return to the school if released, he replied: "I have faithfully attended at my workplace for eight years, that is not trespassing." The judge responded sharply: "You know perfectly well that you are in breach of a High Court order. It is clear, Mr Burke, you don't want to purge your contempt."

The Disciplinary Appeal Process Collapses Again

The path toward resolving the long-running dispute over Burke's dismissal remains unclear after he informed the court that a disciplinary appeals panel (Dap) process had "crashed" for a third time. The panel was tasked with reviewing his dismissal, which followed his suspension in 2022. Burke's repeated breaches of court orders have kept him incarcerated, and the failure of the appeals process adds another layer of uncertainty. Judge Cregan noted that the school does not want Burke in prison, nor does the court. "The school doesn't want you in prison, the court doesn't want you in prison," he said, emphasizing that Burke could walk free at any moment by agreeing to obey the order. But Burke has remained steadfast, arguing that the instruction to use a student's preferred pronouns had no legal standing.

A Dispute Rooted in Religious Beliefs

The confrontation that led to Burke's suspension and dismissal began in June 2022, when then-principal Niamh McShane asked teachers to address a student by a new name and with the pronouns "they" and "them." Burke, an evangelical Christian, objected, saying the request violated his religious beliefs and constitutional rights. The school suspended him after an incident at a religious event, and he was later dismissed. Burke has argued that the direction was unconstitutional and that his refusal was an exercise of his right to religious expression. In court on Tuesday, he repeated his position that McShane's instruction had no standing in law. The school has maintained that its actions were valid, and in May 2023, Judge Alexander Owens ruled that the school had lawfully suspended Burke and ordered him to stay away from the premises.

Over 650 Days Behind Bars

Burke has now spent more than 650 days in prison for contempt of court, having repeatedly violated orders not to trespass at Wilson's Hospital School. His incarceration has been intermittent, with spells in jail totaling over 600 days. The case has drawn significant public attention, with Burke's family also becoming involved: his sister and mother have appealed the High Court's contempt ruling. Burke is seeking permission from the Court of Appeal to bring a late challenge against Judge Owens's May 2023 judgment. The Court of Appeal reserved judgment on that application last month. Meanwhile, the disciplinary appeals process remains stalled, and Burke shows no sign of relenting. As he told the court, "I shouldn't be here."

What Comes Next for the Jailed Teacher

The immediate future for Enoch Burke hinges on two unresolved proceedings: the Court of Appeal's decision on his late appeal application and the fate of the disciplinary appeals panel. If the Court of Appeal grants him permission to challenge the 2023 ruling, the case could be reopened. If not, Burke may remain in prison indefinitely unless he chooses to purge his contempt. Judge Cregan made clear that the door to release remains open. "You can be released from prison at any stage if you commit to staying away from the school," he said. But Burke has shown no willingness to compromise. The stand-off, now in its fourth year, continues with no resolution in sight. The school, the court, and Burke himself appear locked in a cycle that only one party can break.

The bottom line

• Enoch Burke has spent over 650 days in prison for contempt of court after refusing to obey a ban on trespassing at Wilson's Hospital School.
• The disciplinary appeals process regarding his dismissal has failed for a third time, leaving the dispute unresolved.
• Burke's refusal stems from his religious objections to using a student's preferred pronouns, which he says violate his constitutional rights.
• The Court of Appeal has reserved judgment on Burke's application for a late appeal against the 2023 ruling that upheld his suspension.
• Judge Brian Cregan has stated that Burke can be released at any time if he agrees to stay away from the school.
• The stand-off between Burke, the school, and the courts shows no signs of ending, with both sides entrenched in their positions.