Enoch Burke and members of his family removed from court after disruptions

Objecting to the board of Wilson’s Hospital School being joined as notice parties to his action, Burke said: 'They’re a foreign presence in the court this morning.'

Enoch Burke leaving Wilson's Hospital School in Co Westmeath having been refused entry. Burke has spent almost 600 days in separate spells in jail over his failure to abide by court orders directing he stay away from the school. File picture: Brian Lawless/PA

A High Court hearing relating to Enoch Burke’s challenge to the membership of a disciplinary panel convened to hear his appeal over his dismissal from Wilson’s Hospital School was briefly suspended on Friday.

The teacher was removed from the court at the Four Courts for disrupting the proceedings, and directed to re-join the hearing from prison by videolink.

Judge Brian Cregan directed that Burke, who appeared in person in court, be returned to Mountjoy Prison after he interrupted lawyers for the school in the midst of moving an application to be joined as a notice party to the teacher’s action.

The judge said he would adjourn the matter, and that Burke could join the hearing remotely. 

The judge also ordered gardaí to remove a number of Burke's family members from the court, who continuously shouted at the judge as he issued the directions. The judge made an order of attachment against Burke’s mother and sister, Martina and Ammi.

Burke has spent almost 600 days in separate spells in jail over his failure to abide by court orders directing he stay away from Wilson’s Hospital School. He appeared in court on Friday after Cregan previously granted an order that he be produced from Mountjoy for the hearing.

At the outset of Friday's hearing, the judge warned Burke and members of his family against disrupting proceedings, or making submissions beyond what the court deemed acceptable. If they did, he said he would direct that Burke be returned to prison to join the proceedings by videolink.

Burke is in prison for civil contempt of court orders dating from August 2022 requiring him to stay away from the Co Westmeath school pending the outcome of the disciplinary matter.

He was suspended from his position at the school over his conduct towards the then-principal at a school religious event in June 2022. She had earlier requested teachers to address a student by a new name and the pronouns “they” and “them”.

Friday’s hearing concerned Burke’s action seeking an injunction against a three-member disciplinary appeals panel (Dap) convened to hear his appeal against his dismissal from his role at the school.

The court previously heard that two of the panel’s members, Sean Ó Longáin and Jack Cleary, had resigned in light of issues arising in the legal challenge. Burke maintains that the proceedings are still live, and disputes the position of lawyers for the Dap that the case is moot, or pointless.

Friday's proceedings

At Friday’s hearing, Burke objected to the board of Wilson’s Hospital School being joined as notice parties to his action. “They’re a foreign presence in the court this morning,” Burke submitted.

He made several allegations against the school’s solicitors, Mason Hayes & Curran, including a claim that the firm had engaged in lying to the court during his High Court actions against the school.

He submitted that the school had not been joined to a separate case Burke took against the membership of a previous Dap.

Rosemary Mallon, barrister for Wilson’s Hospital School, told the court she would not address the “personalised attacks” against her and her solicitors. Mallon said there was no prejudice to Burke by the school joining the proceedings.

She submitted that it was in the interest of Burke and the school’s board of management to have an expedited Dap hearing. She said the board may be able to suggest individuals to form a new Dap, which may help in resolving the proceedings to the satisfaction of Burke.

Disruption

Burke interrupted Mallon as she made submissions, objecting to her reading from an affidavit.

When he continued to voice his objections, the judge directed that he be returned to prison, where he could join the hearing by videolink. Burke was removed from the court by prison guards.

As they shouted at the judge following his direction, Cregan directed that Ammi and Martina Burke be removed from the court by gardaí, and made an order of attachment against them.

The matter will resume later.