Enoch Burke’s suspension ruled lawful in High Court

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The High Court ruled that Enoch Burke’s suspension from Wilson’s Hospital School was lawful. Mr Justice Alexander Owens gave judgment on 19 May 2023.

The judge ordered Burke to pay the school board €15,000 in damages for trespassing and said the school was entitled to a permanent injunction prohibiting him from attending its premises. Burke must also pay the previously imposed €700 daily fine for his continuing breach of earlier orders to stay away from the school.

Burke denied wrongdoing and challenged his suspension, the disciplinary process and his subsequent dismissal. He said the school’s request concerning a student’s name and pronouns breached his rights and religious beliefs. The judge found the suspension rational and reasonable and rejected claims that the process was unlawful or procedurally flawed.

The court dismissed Burke’s counterclaim after he was excluded from the hearing because of disruptive behaviour. He had been told he could participate if he undertook not to disrupt proceedings further, but gave no such undertaking. His exclusion meant he could not make submissions, call his own witnesses or cross-examine the school’s witnesses.

In March, the High Court had ordered Burke to pay the school’s legal costs for contempt proceedings concerning his return to its premises. On 19 May, Justice Owens said his provisional view was that Burke should also pay the rest of the school board’s legal fees.