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Enoch Burke with family members during a previous court appearance for a different case. Rollingnews.ie
DEFAMATION ALLEGATIONS

Enoch Burke tells court that other prisoners in Mountjoy praised him, were not annoyed by him

Burke said that the alleged “libel” was circulated to “millions”.

ENOCH BURKE HAS today told the High Court that a news report published by the Sunday Independent in 2022 about his relations with other Mountjoy prisoners was “completely baseless”, and intended to show that he was “unfit to be a teacher”. 

Burke claimed that the alleged “libel” was circulated “to millions”, and that he was subjected to “ridicule and contempt” online as a result. 

Mediahuis Ltd, the publisher of the Sunday Independent, has denied that there has been any defamation, and that its reporting was in the public interest. 

The named defendants in the libel suit are Mediahuis, reporter Ali Bracken, and editor Alan English. 

Ronan Lupton SC, representing Mediahuis, has said that the publisher pleads fair and reasonable publication on a matter of public interest.

In his opening statement today, Burke put forth that the “thrust” of the article in question was “utterly false” and that it falsely portrayed him as a “pariah” in the prison community, by suggesting that he annoyed fellow prisoners by expressing personal and religious views, and may have eventually “got a beating” as a result. Burke maintains this is not the case. 

Burke said that, in fact, prisoners sang his “praises” on his first day in Mountjoy, with one man giving him popcorn and chocolate digestive biscuits. 

He said that he has an “empathetic” approach to fellow inmates, many of whom are incarcerated due to circumstances which are “not entirely their own fault”. 

Burke told the court that he did not have to be moved to a new cell for his safety, as the Sunday Independent reported, and that he had a good relationship with many inmates, some of whom gave him sweets, cakes, tennis shoes, clothes, and free hair cuts out of “good will”, with “no strings attached”. 

Judge Rory Mulcahy heard the case in the High Court in Dublin today. 

Burke, represented himself, with his brother Isaac providing assistance, but never addressing the court. 

In his evidence, Burke listed out his various achievements related to the teaching posts he has held. This included pictures of students he has taught at various events, and letters from their parents. 

He also detailed how he had encouraged individual students, including a play-by-play of one student’s experience at a public speaking competition.

He also recounted his interactions with management at Wilson’s Hospital School, including how he couldn’t comply with a request to call pupils by “they/them” pronouns if that is how they wish to be identified. Burke said this was something he couldn’t do on account of his religious beliefs, which he expressed at a staff meeting and during a chapel service. 

Burke claimed that both the Church of Ireland chaplain for the school, and a Bishop had “commended him” for his remarks.

Burke detailed how he came to be imprisoned, after he did not follow a court order aimed at preventing him from attending the school in Westmeath. He said that his imprisonment continues to be a “gross injustice”. 

Burke said that he and his family suffered abuse from social media users following the publication of the Sunday Independent article, much of which he claimed was defamatory to his character. 

Lupton pointed out that none of the memes or tweets described in court by Burke were published by Mediahuis in any form. 

Burke took particular issue with memes that portrayed him as socially isolated in prison – including a picture with a man alone on one side of a bus labelled “Enoch Burke”, with lots of men sat together on the other side, labelled “Mountjoy prisoners”. 

He said that many of the comments speculated that if he had “annoyed” Mountjoy prisoners, then he must have been “a pain” in Wilson’s Hospital School as well – which he said was untrue. 

Burke claimed that the article “smacked of a hit piece” and described it as a “hit job” on his family, he called it “cruel”. 

The article in question claimed that Burke had been moved to a new cell in Mountjoy prison because he was annoying other prisoners, counsel said in court today. 

Lupton, representing Mediahuis, said during the first court hearing regarding the matter that the publisher denies any defamation, and pleads fair and reasonable publication on a matter of public interest.

In court today, Lupton asked leave from the court to admit articles into evidence that post-dated the news report which Burke is alleging to be defamatory. 

He argued that these articles would form part of his cross-examination of Burke, which would focus on his character and reputation, as a person of “public interest”. 

Burke argued that the judge should not permit these articles to be admitted as evidence, as only material relating to his character up to and at the time of the news report being published should be deemed relevant. 

When Judge Mulcahy proposed retiring to consider the articles in question, Burke interrupted several times to state his view that only the dates of the articles should be reviewed as opposed to their countenance – eventually telling the judge that he was “disappointed” in the court. 

The judge decided that the articles could be used and referred to in questioning from the defendant’s solicitor, but added that they do not evidence anything about the plaintiff’s character, and that the only thing they do constitute evidence of is that they were in fact published. 

Burke’s sister and his mother were also present in court. The family could be seen huddling in conference across the benches during quiet moments. 

Burke has spent over 300 days in prison over defying court orders not to attend the school where he was formerly a teacher – Wilson’s Hospital School in Westmeath. 

The article in question was published during Burke’s first stint in prison, before he was released with daily fines, and subsequently reappeared at the Westmeath school, leading to him being jailed again. 

The case continues tomorrow. 

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