Irish teacher Enoch Burke released from jail

Enoch BurkeImage source, RTÉ
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A teacher who was jailed for ignoring a court order has been released from prison after a ruling by the High Court.

Enoch Burke was jailed in September for breaching an order which prevents him from attending the school where he works.

Mr Justice Brian O'Moore said the only threat to Mr Burke’s continued freedom would be if he again breached a High Court order.

After the order was originally put in place, Mr Burke continued to go to the school.

Mr Burke faced legal proceedings after a disciplinary process was launched against him by Wilson's Hospital school in County Westmeath.

It came after he confronted his then-principal in public at a school event in June - Mr Burke objected to addressing a student who is transitioning gender with a new name and using the "they" pronoun.

Mr Burke was suspended with pay pending the outcome of the process, but the court was told he turned up at the school for his timetabled hours.

The initial injunction was then put in place by the High Court, but after it was breached by Mr Burke he was jailed at Mountjoy Prison in Dublin.

He told a later court hearing that he would never leave Mountjoy Prison if in doing so, he must violate his conscience and his religious beliefs, and deny his God.

Mr Burke claimed his suspension and imprisonment was unlawful.

'Not unique'

The High Court listed the matter on Wednesday to see if Mr Burke could be released over the Christmas holidays while the school was closed.

Mr Burke told Mr Justice O'Moore he could not participate in the process as to do so would be to agree that he was lawfully incarcerated.

Mr Justice O'Moore ultimately ruled Mr Burke could be released on an open-ended basis and not just for Christmas.

He said financial measures could be imposed on Mr Burke if he breached the order again and he could be jailed.

The judge said this was not unique and pointed to other cases where individuals had been released despite not purging their contempt.