Case No. 21725Contempt of court (barred from court) · Co. Dublin

Teacher barred from Dublin High Court over contempt

Enoch Burke, a History and teacher at Wilson's Hospital School in Dublin, was suspended on full pay after opposing a request from principal Niamh McShane to refer to a male student as 'they'. He was committed to Mountjoy Prison for contempt of court after failing to comply with court orders related to his suspension. The High Court ordered his open-ended release on 21 December 2022, finding he was exploiting his imprisonment. On 29 March 2023, Justice Alexander Owens found Burke in contempt of the face of the court and excluded him from the proceedings.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court21 Dec
    4 reports
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
Burke, a History and teacher at Wilson's Hospital School, was suspended on full pay after voicing opposition to a request to refer to a male student as 'they'.
Where
Wilson's Hospital School, Dublin.
When
The release ruling was delivered on 21 December 2022; the contempt finding was on 29 March 2023.
Charges
Burke was committed to Mountjoy Prison for contempt of court over his failure to comply with court orders related to his paid suspension.
In court
  • The High Court ordered Burke's open-ended release from Mountjoy Prison on 21 December 2022, finding he was exploiting his imprisonment.
  • On 29 March 2023, Justice Alexander Owens found Burke in contempt of the face of the court and excluded him from the proceedings.
Other details
  • Niamh McShane was Principal of Wilson's Hospital School between 2016 and 2022.
  • Burke claims his suspension is unlawful and in breach of his rights including freedom of religious expression.
  • Burke had spent three and a half months in Mountjoy Prison due to his contempt.
  • The school could return to court to seek Burke's re-arrest if he breaches the order to stay away from the school.
  • Burke is described as a Co Mayo evangelical Christian.
39 statements extracted from the articles
  • whatMcShane was Principal of Wilson's Hospital School between 2016 and 2022. (thejournal.ie)
  • whatBurke voiced his opposition to the request in emails and at a staff meeting. (thejournal.ie)
  • whatSeveral students walked out of the chapel during the service. (thejournal.ie)
  • whatAt the follow-up dinner Burke approached McShane twice and got very close to her personal space. (thejournal.ie)
  • whatMcShane was on crutches at the time of the dinner. (thejournal.ie)
  • whatThe school's board decided to suspend Burke following a meeting in August. (thejournal.ie)
  • whenThe ruling was delivered on Wednesday evening, 21 December 2022. (irishmirror.ie)
  • chargeBurke claims his suspension is unlawful and in breach of his rights including freedom of religious expression. (thejournal.ie)
  • courtThe High Court ordered Enoch Burke's release from Mountjoy Prison on 21 December 2022. (gript.ie)
  • courtThe High Court ruled that Enoch Burke should be released from Mountjoy Prison. (irishmirror.ie)
  • courtThe judge said this was a rare case where coercive imprisonment should stop even though Burke has not purged his contempt. (irishmirror.ie)
  • courtThe judge said it was difficult to avoid the conclusion that Burke was exploiting his imprisonment for his own ends. (irishmirror.ie)
  • courtAfter 100 days in prison, Burke rejected a proposal by Mr Justice Conor Dignam that could have led to his immediate release. (irishmirror.ie)
  • courtThe judge directed that Burke's release be open-ended and not just for the Christmas period. (irishmirror.ie)
  • courtThe school could come back to court and seek Burke's attachment if he does not comply with the order to stay away from the school. (irishmirror.ie)
  • courtBurke was to remain at liberty until any further court order is made imprisoning him. (irishmirror.ie)
  • courtThe judge said obeying a court order was not inconsistent with Christian principles. (irishmirror.ie)
  • courtBurke told the court he was not interested in being released for the festive period, describing it as a Christmas gift. (irishmirror.ie)
  • courtBurke said he would not agree to temporary release as it would amount to accepting he had been lawfully incarcerated. (irishmirror.ie)
  • courtRosemary Mallon Bl represented the school's board of management in court. (irishmirror.ie)
  • courtThe school had sought the order committing Burke to prison as a coercive measure over his failure to comply with the terms of his paid suspension. (irishmirror.ie)
  • courtThe judge considered the school's non-opposition to release, the Christmas holidays, and the use of public funds in reaching his decision. (irishmirror.ie)
  • courtA teacher was barred from the High Court (extra.ie)
  • courtJustice Alexander Owens found Burke in contempt of the face of the court and excluded him from the proceedings. (thejournal.ie)
  • courtBurke was given the option of viewing the proceedings via a video link. (thejournal.ie)
  • courtThe hearing was adjourned to 11am because Burke had not been made aware of the 9.30am start time. (thejournal.ie)
  • otherBurke was a History and German teacher who was suspended on full pay by the school. (gript.ie)
  • otherThe court granted injunctions after Burke continued to attend the school despite his suspension. (gript.ie)
  • otherBurke refused to agree to stay away from the school if released. (gript.ie)
  • otherBurke told the judge he could not participate in the release process because doing so would mean agreeing he was lawfully incarcerated. (gript.ie)
  • otherBurke said the principal expected he would accept transgender ideology which was in conflict with his conscience and religious beliefs. (gript.ie)
  • otherBurke had spent three and a half months in Mountjoy Prison due to his contempt. (irishmirror.ie)
  • otherBurke claims his contempt arose over his opposition to transgenderism. (irishmirror.ie)
  • otherBurke said he had been jailed over his religious objections to transgenderism following the school's request last May that he refer to a male student as 'they'. (irishmirror.ie)
  • otherThe school was concerned about potential disruption if Burke were released before the school re-opens on January 5. (irishmirror.ie)
  • otherThe school had not progressed the disciplinary action it commenced against Burke prior to the High Court proceedings. (irishmirror.ie)
  • otherBurke remains in receipt of full pay from the Department of Education. (irishmirror.ie)
  • otherSomeone said 'It's Bye-Bye To You, Mr Burke' (extra.ie)
  • otherBurke is described as a Co Mayo evangelical Christian. (thejournal.ie)

The reporting

newest first
  1. 29 Mar2023
    Former principal says she 'felt hunted' by Enoch Burke after 'request' on student's name

    Reports second day of the High Court hearing with testimony from former principal Niamh McShane and former teacher Catherin Gibson Brabazon about Burke's conduct at a June 2022 school event; Burke absent after being found in contempt the previous day; Justice Birmingham's Court of Appeal opinion quoted rejecting the framing of the case as about 'transgenderism'.

    victim, Niamh McShane, female, irish (judged from name)Niamh McShaneaccused, Enoch Burke, male, named, irish (judged from name)Enoch Burke
  2. 29 Mar2023
    'It's Bye-Bye To You, Mr Burke' — Teacher Barred From High Court

    Reports that a teacher, Mr Burke, was barred from the High Court.

    accused, Mr Burke, male, named, irish (judged from name)Mr Burke
  3. 21 Dec2022
    Judge rules jailed teacher Enoch Burke should be released from Mountjoy

    High Court ruling directing Burke's open-ended release from Mountjoy Prison, finding he was exploiting his imprisonment, that the school did not oppose release, and that public funds were being doubly burdened by paying his salary and incarceration costs.

    accused, Enoch Burke, male, named, irish (judged from name)Enoch Burke
  4. 21 Dec2022
    High Court orders release of Enoch Burke - Gript

    The High Court ordered Burke's release from Mountjoy Prison, ruling his continued imprisonment was not serving its purpose. The judge described a 'complete standoff' between Burke and the school, noted the school had paused the disciplinary process, and said the school could return to court to seek his re-arrest if he breached the order.

    accused, Enoch Burke, male, named, irish (judged from name)Enoch Burke