High Court strikes out Enoch Burke challenge to disciplinary appeal panel

Two panel members resign as judge rules Burke’s legal challenge pointless and orders fresh appeal process

Enoch Burke at the High Court, Dublin. Picture: PA

The High Court has struck out Enoch Burke’s challenge to the membership of a disciplinary appeal panel (DAP) convened to hear his appeal over his dismissal from Wilson’s Hospital School.

Mr Justice Brian Cregan ruled the case was moot, or pointless.

The judge made the ruling after two of the panel’s three members resigned and the remaining member accepted she could play no further role in the jailed schoolteacher’s appeal.

The ruling means a new panel must hear Burke’s appeal of his dismissal. It will be the third panel convened to consider the matter.

Burke was dismissed from his position at the Co Westmeath school over his conduct towards the then principal at a school religious event in June 2022. She had earlier asked teachers to address a student by a new name and the pronouns “they” and “them”.

The ruling followed a chaotic hearing at the Four Courts on Friday. The judge temporarily suspended proceedings after directing that Burke return to Mountjoy Prison and rejoin the hearing by video link.

Earlier, the judge warned that if Burke or his family disrupted proceedings, he would direct Burke to participate from prison, where he is currently incarcerated for failing to comply with court orders barring him from the school.

After interrupting lawyers for the school during their submissions, prison guards escorted Burke from the courtroom. He said his removal was “disgraceful” and that he had a right to justice.

The judge also directed gardaí to remove his sister Ammi and mother Martina after they began shouting at him following Burke’s removal.

When the hearing resumed, with Burke appearing by videolink, Mr Justice Cregan described the family’s “absolutely disgraceful” behaviour as consistent with conduct they have displayed in other proceedings. “It’s absolutely, manifestly, an abuse of process,” he said.

During the resumed hearing, the judge again rose from the bench when Burke’s brother Isaac interrupted proceedings. Isaac was forcibly removed by gardaí after saying he needed to hand documents into the court and shouting “stop” and “help”.

Burke has spent almost 600 days in separate periods in jail for failing to comply with court orders directing him to stay away from Wilson’s Hospital School pending the outcome of the disciplinary process.

He has repeatedly claimed he was jailed because of his religious beliefs and views on transgender issues, a claim several High Court judges have rejected.

Friday’s hearing concerned Burke’s application for an injunction against the three-member disciplinary appeals panel convened to hear his appeal against his dismissal.

The court previously heard that two panel members, Sean Ó Longáin and Jack Cleary, resigned following issues that arose in the legal challenge.

Padraic Lyons, barrister for the DAP members, opened a Department of Education circular on teacher dismissals which states: “No member shall be appointed to the [disciplinary appeal] panel to consider a case referred to the panel who has had any prior interest in or dealings with that particular case”.

As a result, Geraldine O’Brien, the remaining panel member, could no longer sit on the panel, counsel said.

Mr Lyons said correspondence informed Burke that O’Brien — nominated to the panel by the ASTI teachers’ union — accepted she would not sit on any future DAP dealing with his case.

In that letter, the DAP’s solicitors confirmed O’Brien would have no further involvement in his appeal, counsel said.

Lyons submitted that in the circumstances, the proceedings were moot. “It’s manifestly clear there is no live dispute,” he said.

Rosemary Mallon, barrister for the board of Wilson’s Hospital School, agreed that O’Brien “could not possibly” sit on any future DAP in light of the circular.

Burke disputed that the proceedings were moot. He said O’Brien had not resigned and pointed to correspondence from the ASTI to the DAP’s solicitors which, he said, showed she remained the union’s nominee.

“The salient point is she’s on the panel… she hasn’t resigned, the defendants haven’t even attempted to say she’s resigned,” he said. Burke said he could not have regard to the defendant’s undertakings to the court.

He also argued that Ó Longáin and Cleary were reappointed to the current panel despite having served on a previous DAP that was dissolved after a separate successful High Court action he brought.

Burke further claimed the DAP made “demonstrable false” claims on affidavit and said the matter should be referred to the Director of Public Prosecutions.

Mr Justice Cregan ruled the proceedings were moot and struck out the case.

He said a new DAP must now be appointed.

Because of their resignations, Ó Longáin and Cleary will not sit on the new panel, he said. He added that O’Brien also cannot take part.

In those circumstances, the judge said Burke had secured the essential relief he sought.

He described it as “imperative” that a new panel be appointed expeditiously, noting that three years have passed since Burke appealed his dismissal.