THE EDITOR OF the Sunday Independent today told Enoch Burke that it is “manifestly” possible that he could have annoyed other Mountjoy prisoners, as was claimed in an article in the newspaper that is the subject of a complaint by Burke.
Burke was cross-examining Alan English, the editor of the paper, as part of as defamation action he is taking against the paper’s publisher, Mediahuis, over a 2022 article which claimed that Burke was moved to a new cell in Mountjoy for his “own safety” as he was “annoying” other prisoners by “being himself”.
Today, English said that an editorial investigation was commenced after Burke first complained about the article. The probe determined that the article, written by senior reporter Ali Bracken, contained some inaccuracies. Chief amongst these was the claim that Burke was moved as a result of his annoying other inmates (the Irish Prison Service said in a statement that he was moved for operational reasons), and the claim that Burke was ever residing in the general population section of the prison.
English repeatedly told Burke that he accepted that there were “mistakes” in the article, but he maintained that it was not defamatory in any way.
Acting as his own legal representative, Burke asked English if he accepted that the title and details within the article were “false” and “gutter journalism”.
English said that while aspects of the article were inaccurate due to errors in information provided to Ali Bracken by an “authoritative” source, he stood over the journalistic standards of his paper.
He said that the paper accepts that Burke was moved for operational reasons and is unable to bring evidence to court that suggests otherwise, but he added:
“Do I believe there is a possibility that you were annoying other prisoners? I think it is evidently possible.”
Burke pursued a line of questioning that was related to the employment issues he has had with Wilson’s Hospital School in Co Westmeath. He was eventually suspended from the school and barred from attending by way of a court order, due to the manner in which he voiced his opposition to the trans-inclusive policy of school management.
Burke repeatedly defied that court order by protesting at the school’s gates, which resulted in his first imprisonment in 2022. Both Burke and his mother have denied that he is in contempt of court, and that he could simply leave Mountjoy by purging his contempt.
When questioning English, Burke put across his view of the difficulties he had with the school, pushing the editor to accept that he faced demands to call a student by “they/them” pronouns.
English told Burke: “My honest opinion of your situation is that [principal] Niamh McShane went out of her way to try and be fair to you, she tried to bring decency and common sense to the situation, and was met with a truculent and extremely difficult response.”
He also told Burke: “You seem to be entirely intolerable of any viewpoint other than your own and that of your family, and that has led you to this situation”.
Burke repeatedly cut English off when he was trying to answer the questions put to him and told him to “just give yes or no answers” multiple times.
Judge Rory Mulcahy told Burke that not all questions can be answered via a yes or no, and that the plaintiff himself had not answered in that manner when he was being cross examined.
At the start of today’s proceedings, Burke took issue with something Ronan Lupton SC, representing the defence, had written in submissions about the relationship between recklessness and defamation.
He demanded that the judge correct the matter. The judge told him that submissions would be dealt with later. After Burke spoke over the judge several times, the judge told the plaintiff “you don’t need to tell me what my responsibilities are”.
“What I need you to say is that it was incorrect, an incorrect statement before the law,” Burke told the judge.
Members of his family started voicing their objections too. The court rose after a call for quiet, and the judge left the room briefly.
Martina Burke, the plaintiff’s mother, gave evidence as a witness today. During her testimony, she turned to the judge and told him that what had happened in the courtroom had been “sad”.
Martina Burke expressed her belief that her son is not in contempt of court, and is taking a stand for his religious beliefs.
When asked if she has ever encouraged him to purge his contempt so he can leave prison, she said no.
Burke said that the Sunday Independent article made her feel “distressed and humiliated”, but said that her son being imprisoned did not make her feel stressed or humiliated.
“You accept your son is languishing in Mountjoy Prison… he resides in Mountjoy on the taxpayer’s purse?” the defence put to Martina.
“He should not be there,” she said.
Martina said that the Sunday Independent article was “made up” and that it was “sad” that the paper “sunk so low to get a story out”.
Enoch Burke is suing Mediahuis for damages over alleged defamation. Mediahuis has issued an apology and a correction over the article in question, but maintains that it has not defamed him.
The High Court case continues tomorrow, with journalist Ali Bracken due to give evidence.
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