Courts / Ireland / Report
School seeks to correct 'inaccuracies' in document relied on against Enoch Burke
Summary
In an appeal-stage procedural matter, Wilson's Hospital secondary school applied to the High Court to correct factual inaccuracies in a document relied upon against teacher Enoch Burke. Counsel for the school stated that two errors in a statement sworn by board chair John Rogers had emerged: the meeting regarding a student's transition was attended by only one parent, not both, and the then-principal, Niamh McShane, was present only briefly rather than for the duration. Mr Justice Conor Dignam agreed the school should correct these errors and adjourned the application to Tuesday's sitting. Burke was not present and had not been notified in advance. This application coincided with the expiration of a deadline set by Mr Justice Brian O'Moore for Burke to purge his contempt of a September injunction requiring him to stay away from the school. Burke, who was jailed for 108 days last September for similar non-compliance, did not formally indicate compliance. Justice O'Moore previously ordered a fine of €700 per day for continued refusal, deeming imprisonment "not immediately attractive." Burke claims his dismissal and the injunction breach his constitutional rights regarding his objections to using a student's preferred pronouns. The contempt ruling and costs are due for review on February 10, while Burke's appeal against various High Court decisions is scheduled for the Court of Appeal next month.
Who, what, where, when and why
What: Report matter: School seeks to correct 'inaccuracies' in document relied on against Enoch Burke. Procedural stage: appeal
When:
- January 5th Hearing Or Sentence
- February 10th Hearing Or Sentence
- Christmas Other
- 2023-01-27 Publication
Case subjects
Applicant
Outcome: The school's application came as the deadline given to Mr Burke by Mr Justice Brian O'Moore to purge his contempt or face being fined €700 for every day he refuses to comply with the court order to stay away from the school, passed. Mr Burke was jailed for 108 days last September arising out of his failure to stay away from the school, before being released without purging his contempt before Christmas.; Mr Justice Dignam, who said it was right that the school seek to correct these errors in the manner proposed, adjourned the application to Tuesday's sitting of the court.
Places mentioned
- Wilson's Hospital
- Christmas. Wilson's Hospital
- High Court
- Court of Appeal
Topics
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