High Court sets date to hear case between Enoch Burke and school

Mr Burke has raised issues in the substantive action, including the conduct of the disciplinary process and his constitutional rights

Enoch Burke (pictured) was released before Christmas without purging his contempt and has been fined €700 for each day he has attended the school since January 27. The fines now stand at over €29,000.

The core dispute between Enoch Burke and the Co. Westmeath school that wants him dismissed will be heard by the High Court later this month.

High Court judge Mr Justice Brian O'Moore has set March 28, four days before the end of the legal term, for the hearing.

Elements of the high-profile case brought by the board of management of Wilson’s Hospital School has had many outings in the High Court and Court of Appeal, but the hearing of the substantive action, in which Mr Burke raises issues, including the conduct of the disciplinary process and his constitutional rights, has yet to be heard.

The High Court’s Mr Justice Brian O’Moore has been managing the progression of the main action with a view to ensuring an “unusually early trial”.

Mr Burke objected to this, asking for the proceedings to be paused until a determination was made in his appeal against various High Court injunctions from last August and September, said the judge. 

This motion was refused, so delivery of witness statements, disclosure of documents and provision of written legal submissions have been carried out over the last few months, he said.

Amid chaotic scenes this week, the three-judge Court of Appeal unanimously dismissed Mr Burke’s appeal aimed at overturning High Court orders preventing him from teaching or attending at the school in Multyfarnham.

In a short judgment published on Friday, Mr Justice O’Moore said the action will begin on March 28, four days before the end of the legal term.

He noted the COA rulings this week said the issues identified by Mr Burke are “in large measure” matters to be determined at the substantive trial by the High Court which should take place in early course.

In a directions ruling last month, Mr Justice O’Moore warned that the trial judge will decide whether Burke, “as a person in continuing contempt of court”, was in a position to seek any orders from the court to protect his interests.

Wilson’s Hospital School sought orders from the court last August when Mr Burke continued to attend the school after it had placed him on paid administrative leave pending a disciplinary process.

That process was based on an August 2022 report by then-principal, Niamh McShane, which concerned, among other things, Mr Burke’s publicly voiced opposition in June 2022 to a May 2022 direction from her asking teachers to abide by the wishes of a transitioning student and their parents to address the student by a new name and to use “they/them” pronouns.

A disciplinary hearing proceeded on January 19 last and resulted in the school’s board of management issuing a notice of dismissal to Mr Burke. Mr Burke was jailed for 108 days for contempt of the orders restraining him from attending at the school.

He was released before Christmas without purging his contempt and has been fined €700 for each day he has attended the school since January 27. The fines now stand at over €29,000.