High Court Rules Enoch Burke’s Prison Transfer Was Lawful

The High Court in Ireland has ruled that the transfer of teacher Enoch Burke from Mountjoy Prison to Castlerea Prison earlier this month was lawful, according to a ruling delivered on Wednesday, March 18, 2026. RTÉ and The Irish Times reported on the decision.

Background of the Case

Enoch Burke is currently imprisoned for contempt of court stemming from his refusal to comply with a court order to stay away from Wilson’s Hospital School. He has been in jail since January and has spent over 600 days in prison since September 2022 for refusing to agree not to trespass at the school. The Irish Times

The Transfer and Burke’s Challenge

Burke challenged the transfer from Mountjoy to Castlerea, arguing that the original court order committing him to prison in January specifically mentioned Mountjoy Prison. However, the prison authorities initiated the transfer after removing his “enhanced” prisoner status due to his behavior during an escorted trip to court. This removal meant he could no longer be safely housed in the general population of Mountjoy. RTÉ and The Irish Examiner

Court’s Ruling

Mr. Justice Brian Cregan ruled that, despite being committed for civil contempt, Burke was still considered a prisoner and therefore subject to legislation governing prisons. The judge stated he was satisfied that the transfer was lawful. RTÉ

Judge Cregan’s Remarks

Justice Cregan noted the apparent contradiction in Burke’s argument, stating that he maintained court orders were sacrosanct and must be obeyed by everyone, yet simultaneously refused to obey the court order regarding Wilson’s Hospital School. The judge remarked that Burke seemed to believe “everyone must obey court orders except him.” RTÉ

The judge also addressed Burke’s claims about his imprisonment being related to his religious beliefs, stating that the court was not requiring him to “bend the knee to transgenderism,” but simply to obey the court order. He suggested Burke was potentially misrepresenting the situation for political gain. RTÉ

Burke’s Options

Justice Cregan pointed out that Burke “has the keys to his own prison cell” and could seek to purge his contempt at any time, potentially leading to his release from Castlerea Prison. The Irish Times

Costs and Future Review

The judge awarded the costs of the application against Burke, dismissing his argument that he had not been given adequate notice of the transfer. The court will review the case again next month. RTÉ