Courts / Westmeath / Report

Enoch Burke claims justice is 'being withheld' after injunction bid is dismissed

Date
2023-01-18

Stage
Appeal

Primary locality
Mullingar

Summary

Enoch Burke's injunction application was dismissed by the High Court, clearing the way for disciplinary proceedings at Wilson's Hospital School to proceed. Mr Justice Conor Dignam acknowledged that Burke raised a strong case that his challenge would succeed at trial but refused the injunction because Burke refused to comply with a prior order to stay away from the school. Burke, who denies wrongdoing and claims his suspension breaches his constitutional rights regarding religious objections to transgendarism, stated he would not comply with the September order, which he described as flawed. The judge clarified that Burke had not won the injunction and dismissed the matter. Burke was previously jailed for 108 days for contempt after breaching the stay-away order. The disciplinary hearing, stemming from allegations about Burke's behavior toward former principal Niamh McShane, is scheduled for Thursday. The court noted Burke may appeal to the Court of Appeal, and the full hearing of the dispute will take place shortly. Costs applications will be dealt with later. The school opposed the injunction, and the judge agreed Burke did not come to court with clean hands due to his non-compliance.