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Chaotic scenes as Burkes physically removed from failed appeal hearing

Summary

Chaotic scenes erupted at the Court of Appeal on 7 March when members of the Burke family were physically removed from the courtroom during the dismissal of Enoch Burke's application to overturn injunctions directing him to stay away from Wilson's Hospital School in County Westmeath. As Court President Mr Justice Birmingham prepared to deliver judgment, family members including Burke's sister Ammi and parents Sean and Martina loudly disrupted proceedings, voicing opposition to the court's findings. Following repeated warnings, gardaí removed the family from the courtroom after they refused to comply with directions to leave. One person was arrested. The three-judge court unanimously rejected Burke's appeal, finding the injunctions validly made and lawful. Mr Justice Birmingham stated the school had acted in accordance with the Gender Recognition Act when considering a student's wishes. The court also found the orders were not an attack on Burke's religious rights. Burke, a teacher suspended following incidents at the school, had spent 108 days incarcerated for contempt of court and currently faces a daily fine.

Who, what, where, when and why

What: Report matter: Chaotic scenes as Burkes physically removed from failed appeal hearing. Procedural stage: appeal

When:

• June 21 2022 Incident
• 2023-03-07 Publication

Why: This state of affairs arose not because of Mr Burke's religion but because his said conduct was potentially untenable insofar as the uncertainty created by his refusal to identify his proposed course of action presented the school with a risk of "potential discrimination" towards an individual student. CNI source report

Places mentioned

Topics

Stage Appeal

Read the original CNI report