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Teacher who refused to ‘name a boy a woman’ in trans row is free of jail and vows to return to highschool regardless of warning he can be despatched straight again to jail

An Irish teacher who refused to ‘call a boy a girl’ in a bitter trans row has been released from jail and vows to return to school, despite being warned he could be sent straight back to prison.

Enoch Burke was jailed for contempt of court after repeatedly breaching an order banning him from entering his former workplace, Wilson’s Hospital School in Co Westmeath, where he had been employed as a teacher.

The dispute dates back to 2022, when the school’s then head teacher asked staff to address a student by a new name and pronouns.

Mr Burke refused, citing his religious beliefs, and continued to address the student by their birth name and sex.

He later became embroiled in a prolonged legal battle with the school’s board.

Mr Burke had been detained at Mountjoy Prison since late November. On Wednesday, a High Court judge ordered his release so he could prepare for a legal challenge against a disciplinary appeals body reviewing his dismissal.

At the hearing, Mr Justice Brian Cregan said Mr Burke had raised ‘substantive’ and ‘credible’ issues against the Disciplinary Appeals Panel (DAP).

The judge said he was directing Mr Burke’s release for ‘one reason and one reason only – the interest in the administration of justice’ – adding that Mr Burke was ‘somewhat hamstrung’ in preparing his case while in custody.

Enoch Burke speaks to the media today as he leaves Mountjoy Prison, Dublin, after a court ordered he be released

Burke was jailed for contempt of court after repeatedly breaching an order banning him from entering his former workplace, Wilson’s Hospital School in Co Westmeath, where he had been employed as a teacher

Enoch Burke (centre) leaving the High Court in Dublin where he was seeking a temporary injunction against members of a Disciplinary Appeals Panel from taking further steps in its consideration of his dismissal from Wilson's Hospital School

Enoch Burke (centre) leaving the High Court in Dublin where he was seeking a temporary injunction against members of a Disciplinary Appeals Panel from taking further steps in its consideration of his dismissal from Wilson’s Hospital School

However, the court stressed that the release was conditional. 

Mr Justice Cregan warned that Mr Burke must not trespass on school property and said that if he did, the school should return to the High Court the following day, when he would have ‘no hesitation in bringing him back to prison’.

Following the judge’s decision, Mr Burke said he did not accept the reasons given for his release.

Mr Justice Brian Cregan said he did not accept the assertions by Mr Burke and said he was ‘somewhat hamstrung’ in preparing for the case while in prison.

While discussing various dates for the submission of affidavits, Mr Burke indicated to the court several times that he would attend Wilson’s Hospital School when released.

‘If I am released from this court today, I will be at my workplace tomorrow,’ he said.

‘If I am released from prison, my duty is to be at my workplace.’

The court said the case would be listed again on Thursday to address any breach of the order. 

Mr Burke then accused the court of an ‘outstanding U-turn’ and of hypocrisy for ordering his release. 

Mr Justice Cregan responded: ‘Mr Burke, your ability to shoot yourself in the foot is unparalleled, in my experience.’