Enoch Burke has left Mountjoy Prison on foot of the High Court ordering his release to enable him to prepare for a new legal case.
But Mr Burke told Mr Justice Brian Cregan he is still an employee of Wilson’s Hospital School in Co Westmeath and would be immediately returning “for work” when released. He has spent more than 560 days in prison for repeatedly trespassing at the school, which dismissed him due to his conduct over his refusal to call a transgender pupil a new name and by they/them pronouns.
The judge said Mr Burke has an “unparalleled ability” to shoot himself in the foot. The judge said he expects the school to immediately return to court to inform him if Mr Burke trespasses again so he can be returned to prison.
Mr Burke’s latest case is a challenge to the composition of a disciplinary appeals panel that will hear an appeal against his dismissal.
The case was before the court for an update on his challenge to the panel, which was due to hear his appeal on January 10th but was postponed after he took new High Court proceedings claiming one of its members, teacher Geraldine O’Brien, was objectively biased and had prejudged the matter.
Last year, Mr Burke succeeded in a Court of Appeal challenge to another member’s participation on the panel.
Mr Justice Cregan on Wednesday said that, having reflected on the papers in Mr Burke’s latest challenge, he had decided Mr Burke “needs time to focus on the issues in this case and properly prepare for the hearing”.
To enable him do so, the judge said he was directing his release from prison. “I am doing this for one reason only and it is in the interests of justice that he has the time to do so,” he said.
However, he stressed that the court order preventing him from trespass remains in force.
[ Enoch Burke granted leave to seek injunction against disciplinary appeals panelOpens in new window ]
Mr Burke, who appeared via video link from Mountjoy Prison, said he found it hard to take seriously the judge’s “new-found interest in the interests of justice”.
He wanted to put it on record that he does not “find it in the slightest bit credible that the release is because the court is interested in the interests of justice”.
The judge told him it was his view that Mr Burke was somewhat hamstrung in preparing his new case, in which he has raised credible points. His decision to release him was made in the interests of proper administration of justice and whether Mr Burke accepts it or not was a “matter of complete indifference to me”.
Following directions about the exchange of papers between Mr Burke and the appeals panel over the next two weeks, Mr Burke told the judge he has every intention of returning to the school upon release. Whether today or tomorrow, he said, “I will be at my workplace”.
Barrister Rosemary Mallon, for the school, asked for the case to be mentioned in court on Thursday or for the judge to reconsider his decision in light of Mr Burke’s comments.
Mr Burke said it was flabbergasting that the court was releasing him “not because of the interests of justice but because it has fallen into a pit” and because of the “most flagrant breach of justice”.
Mr Burke said the court was not being straightforward about the reason for releasing him.
The judge told him he was “quite wrong on almost every” front. Nevertheless, he was going to direct that he be released. “Your observations are nonsense, and this is an opportunity for you to properly prepare your case,” Mr Justice Cregan said.
Mr Burke said: “I can do that in the cell; it is black and white.”
At this point, one of Mr Burke’s brothers, Simeon, a barrister who appeared in person in his barrister’s outfit, said he was representing his brother. When asked by the judge twice if he was Simeon Burke, he only replied that he was Enoch Burke’s brother.
Mr Justice Cregan said he was Simeon, he was a member of the Bar but had no right of audience and the judge would not hear from him.
Simeon Burke told him he was directing a “trap”. The judge told him he was asking him to leave the court and, when he refused to do so, the judge rose, asking gardaí to remove him. He left voluntarily at that point.
An earlier online interruption of the proceedings by another brother, Isaac, was cut short when the judge ordered his audio should be muted.
When the case resumed, the judge reiterated his comments that Enoch Burke would be returned to prison immediately if he turned up at the school.
Mr Burke told him: “You are letting me out because you are caught.” At that point, his audio was muted by the court.
The judge said this was “more of your nonsense”, which was extraordinary and he had set out his reasons for releasing him.
The disciplinary appeals panel challenge was adjourned to early February.