Enoch Burke

Jailed secondary school teacher Enoch Burke walked free from Mountjoy Prison this evening after his release was ordered by the High Court.

He said Mr Burke’s imprisonment had played a central part in this. He said a factor that must be considered is what useful purpose was to be served by having Mr Burke incarcerated now. The school had paused the disciplinary process. In the meantime, he said Mr Burke was refusing to purge his contempt. If the Court of Appeal did not find in his favour, it was possible that Mr Burke would ask the Supreme Court to intervene. He said Mr Burke has said he has no wish to leave prison except on his own terms, that he is vindicated by the Court of Appeal and leaves jail "justified" in his cause. Mr Justice O’Moore said that the fact that Mr Burke continued to refuse to comply with the court’s order, did not automatically mean he was to stay in prison indefinitely. He said releasing Mr Burke was not a "Christmas gift" as Mr Burke had alleged. Referring to Mr Burke’s refusal to participate in this morning’s hearing, the judge said that "staying in jail was a strange way of protesting that one should not be imprisoned in the first place". The judge said Mr Burke had refused to purge his contempt, despite having had the opportunity to do so. Mr Justice O'Moore said it was "intolerable" that taxpayers were paying Mr Burke's salary, as well as the costs of his incarceration in Mountjoy Prison, and it was difficult to avoid the conclusion that Mr Burke was exploiting his imprisonment for his own ends. 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.

Jailed teacher Enoch Burke should be released from Mountjoy Prison, a High Court judge has ruled. Mr Justice Brian O'Moore said this was one of those rare cases ...

This while unattractive, is true, the judge said. The judge said that while the impasse continued the taxpayers would be burdened with paying Mr Burke's salary as well as paying for his upkeep at Mountjoy. In his submissions Mr Burke said that would not agree to his temporary release, as he said that would amount to accepting that he had been lawfully incarcerated. In his ruling, Mr Justice O'Moore said he had to take several factors into consideration before arriving at his decision, including the attitude of the school, which did not oppose his release, the Christmas holidays, and the use of public funds. Representing himself before the court on Wednesday morning, Mr Burke reiterated to Mr Justice O'Moore what he had previously stated that he was not interested in being released for the festive period which he described as being a "Christmas gift" and that he wanted to leave the court "vindicated". Mr Justice O'Moore said in his ruling, which was delivered electronically, that "it was difficult to avoid the conclusion that Mr Burke was exploiting his imprisonment for his own ends".

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 ...

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