Enoch Burke’s Prison Transfer Sparks Legal Challenge

Teacher Enoch Burke is challenging his recent transfer from Mountjoy Prison in Dublin to Castlerea Prison in County Roscommon, arguing the move has no legal basis. The legal dispute stems from Burke’s ongoing refusal to comply with a court order barring him from attending Wilson’s Hospital School.

Background of the Case

Enoch Burke was initially jailed in January for contempt of court, following repeated breaches of an order preventing him from attending Wilson’s Hospital School. He had been suspended, and later dismissed, from his teaching position at the school in 2022 after a confrontation with the then-principal, Niamh McShane, regarding a student’s preferred name and pronouns. Burke maintains his actions were rooted in his religious beliefs, a claim repeatedly rejected by the High Court. Irish Times

Transfer and Legal Arguments

Burke was transferred from Mountjoy Prison to Castlerea Prison on March 1st. He contends the transfer is unlawful, as the original court order pertaining to his committal specifically referenced Mountjoy Prison. He argued in court that the transfer was carried out without warning or explanation. RTÉ

Prison Service Explanation

Representing the governor of Mountjoy Prison, barrister David Perry explained that the transfer of prisoners is a routine occurrence, often for safety or operational reasons. He clarified that the decision to transfer a prisoner rests with prison service staff acting under the authority of the Minister for Justice. The move to Castlerea was made to facilitate Burke’s housing in a single cell unit, as Mountjoy Prison lacks single-cell availability due to overcrowding. The court was informed that Burke’s enhanced prisoner status had been revoked due to his behavior during an escorted trip to court, leading to concerns about his safety within the general prison population at Mountjoy. RTÉ

Family’s Account

Burke’s family has also voiced concerns about the transfer, stating he was moved on Sunday and assigned a job “in the kitchen.” They claim he was given no prior notice or reason for the relocation. DublinLive

Ongoing Dispute

The underlying legal dispute dates back to 2022, when Burke objected to a request from the school’s principal to address a student by a new name and pronouns. Burke has consistently argued that complying with such a request would violate his religious beliefs and constitutional rights. He has been fined €225,000 and has spent over 550 days in prison for repeatedly attending the school in defiance of the court order. Irish Times