The Disciplinary Appeals Panel (DAP) has temporarily paused its review of the dismissal of Enoch Burke from Wilson’s Hospital School, following a legal challenge brought by Mr. Burke himself.
Legal Challenge and Injunction
Mr. Burke, currently imprisoned for civil contempt, sought a temporary injunction against the DAP at the High Court on Thursday. His imprisonment stems from breaches of a court order preventing him from trespassing on the grounds of Wilson’s Hospital School in Co. Westmeath, where he previously worked as a teacher.
The legal dispute originated in 2022 with a request from the then-principal of Wilson’s Hospital School that a student be addressed by a new name and pronoun. Mr. Burke has repeatedly trespassed on school property despite court orders, and has been simultaneously pursuing an appeal of his dismissal with the DAP.
DAP’s Response and Court Decision
The DAP was scheduled to reconvene on Mr. Burke’s case on Saturday. He sought an injunction to prevent the DAP from issuing recommendations on his appeal, and from taking any further action on the matter. Padraic Lyons SC, representing the DAP, stated that his clients would, on an interim basis, postpone the hearing and refrain from progressing the appeal.
The DAP requested until January 16 to deliver a replying affidavit, with a hearing scheduled for January 21. Mr. Burke objected to this timeline, arguing the affidavit could be provided sooner and expressing frustration over the delay, particularly given his lengthy imprisonment. He characterized his situation as a “scandal.”
Ms Justice Emily Farrell, presiding over the case, noted the DAP’s undertaking to postpone the hearing and acknowledged their need for additional time to prepare the affidavit. She stated there was no immediate prejudice to Mr. Burke, despite his objections. The judge adjourned the matter, citing the interests of justice, and emphasized the DAP’s commitment to not take further steps in the interim.
Mr. Burke maintained that his imprisonment is directly linked to the handling of this case, a point disputed by the judge, who stated his imprisonment was related to “allied reasons.”
What Happens Next?
The case is scheduled to return before the High Court on January 21st. It is possible the court will hear arguments regarding the DAP’s affidavit at that time. Depending on the court’s decision, the DAP could then resume its review of Mr. Burke’s dismissal. Alternatively, further legal challenges could be filed, potentially prolonging the process. The outcome of the disciplinary appeal remains uncertain, and Mr. Burke’s imprisonment for civil contempt is a separate legal matter that will continue until he complies with the court order regarding the school grounds.
Frequently Asked Questions
What prompted the initial dispute between Enoch Burke and Wilson’s Hospital School?
The dispute began with a request in 2022 from the then-principal of the school that a student be addressed by a new name and pronoun.
Why is Enoch Burke currently in prison?
Mr. Burke is in Mountjoy Prison for civil contempt, due to breaches of a court order directing him not to trespass at Wilson’s Hospital School.
What did the Disciplinary Appeals Panel agree to do?
The DAP agreed, on an interim basis, to postpone its resumed hearing on Mr. Burke’s case and to take “no further steps” to progress the appeal.
What role does the timeline of the affidavit play in this ongoing legal battle?
