Courts / Westmeath / Report

Jailed teacher Enoch Burke in bid to overturn school injunction

Summary

Jailed teacher Enoch Burke has formally lodged an appeal against a High Court injunction preventing him from attending or teaching at Wilson's Hospital School in Co Westmeath. The appeal, which is currently at the validated procedural stage of appeal, was lodged at the Office of the Court of Appeal (CoA) on Tuesday. Mr Burke, who was committed to prison until he agrees to obey an order not to attend or teach at the school, has not appealed the High Court orders committing him to prison for contempt. His appeal seeks to set aside orders including the granting of the temporary ex-parte injunction against him and the subsequent decision to keep the injunction in place pending the final hearing of the matter. He has also appealed against the High Court's dismissal of applications brought by him aimed at setting aside his suspension from the school. The appeal is due to be mentioned before a directions hearing of the CoA later this month but is unlikely to be heard before Christmas. Mr Burke, who objects to addressing a student with the pronoun 'they' and opposes 'Transgendarism', claims that the suspension is unlawful, unfair, and unreasonable and in breach of his constitutional rights to religion, freedom of expression, and conscience. His appeal is separate from the disciplinary process against him, which he denies. The school, which is located in Multyfarnham Co Westmeath, claims that Mr Burke's refusal to comply with the injunction was disruptive to the school's students at the beginning of the new academic year. Mr Burke has also brought his own proceedings against the school where he seeks various orders and declarations including a declaration that the disciplinary process against him is unlawful and a breach of his constitutional rights, including his rights to freedom of expression, conscience, and religion. He also seeks various orders preventing the school from continuing both his paid administrative leave and the disciplinary process against him. He further seeks an order preventing the school from dismissing him from his position. Mr Burke was placed on paid administrative leave pending the outcome of a disciplinary process commenced by the school, where he has been employed for several years. That process commenced after it is alleged that Mr Burke publicly voiced his alleged opposition to the school's principal direction to address a student, who wishes to transition, by a different name and by using the pronoun 'they' rather than he or she. The school claims that last June a service and dinner was held to mark its 260th anniversary, which was attended by clergy, staff, past and present pupils, parents, and board members. It is claimed that Mr Burke interrupted the service and said that the school's then principal, Ms Niamh McShane, should withdraw the earlier demand regarding the student. It is also claimed that he said that he could not agree with transgenderism, and said it went against the school's ethos and the teaching of the Church of Ireland. The school claims that after he spoke, members of the congregation and students walked out of the school chapel where the service was being conducted. After the meal he is alleged to have approached the Principal and again asked her to withdraw the request regarding the student. In a sworn statement to the court, Mr Burke said he rejects claim made by the former school principal Niamh McShane that he questioned her loudly at the function. Mr Burke said that the former principal's allegations against him are 'entirely false'.

Who, what, where, when and why

What: Report matter: Jailed teacher Enoch Burke in bid to overturn school injunction. Procedural stage: appeal

When:

• Christmas Other
• 2022-10-04 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report