Enoch Burke removed from disciplinary hearing after protest over presence of solicitors

LAST UPDATE | 17 hrs ago

ENOCH BURKE HAS been removed from the latest meeting of a Disciplinary Appeals Panel (DAP) that is deciding on whether a decision by Wilson’s Hospital School to dismiss him from his job was fair.

The third version of the DAP is meeting today to hear Burke’s case, after two previous iterations were dissolved following High Court challenges by the teacher.

The new panel comprises solicitor Claire Callanan, joint managerial body nominee John Irwin and Teachers’ Union of Ireland representative Seamus Lahart.

The hearing began at 10am and Burke was brought from Castlerea Prison to Athlone, where the panel is meeting, to represent himself.

Other members of his family, including his brother Isaac and mother Martina, were also present in the building.

However, footage posted by the Burkes to social media claims that Enoch was removed from the hearing after objecting to the presence of two solicitors in addition to the three members who comprise the panel.

The Burkes claimed that this is contrary to the law and Department of Education procedures for dealing with appeals, though a circular issued by the department regarding DAP hearings states that “any other person whom the panel agrees may be present” is allowed to attend.

The DAP is likely to be the subject of another legal case by Burke, who has taken civil proceedings against two previous versions of the DAP.

Earlier this year, High Court judge Brian Cregan urged the DAP to hire a stenographer “in order to combat the amount of lies and misrepresentations” that Burke and “other members of his family persist in”.

The first three-member panel convened in 2023 after the school’s board of management dismissed Burke for gross misconduct, following his behaviour at a school ceremony arising from his refusal to address a transitioning student by their preferred pronouns.

Burke sought to appeal that decision, which all teachers are allowed to do under a Department of Education circular issued in 2018.

The panel initially comprised Department of Education nominee Seán Ó Longáin, Jack Cleary – a child protection advisor with the Joint Managerial Body for Voluntary Secondary Schools – and General Secretary of the ASTI Kieran Christie. 

However, Burke successfully obtained a court injunction to have Christie removed from the panel on the grounds of possible bias, in particular because he argued that Christie had shown support for the recognition of trans issues in Irish schools. 

Christie was then replaced on the panel by Geraldine O’Brien, a former vice-president of the ASTI.

The second version of the panel comprising O’Brien met in December, but dissolved without reaching a conclusion earlier this year after Burke brought a second High Court case, arguing that it was biased and had erred in procedures during that hearing.

Burke yesterday sought a High Court injunction to prevent the panel meeting, arising from a challenge he has brought in the Court of Appeal relating to another matter in his dispute with the school.

However, Judge Michael O’Connell refused the application in a late judgment yesterday evening after Judge Cregan had to recuse himself from the case earlier in the day.

Failed injunction 

Burke, a former history and German teacher, has been engaged in a legal dispute with Wilson’s Hospital school since 2022.

He was suspended following incidents arising from a request from the school’s then-principal to address a student by a new name and pronoun, and later dismissed from his position.

He has repeatedly claimed the direction was unconstitutional and went against his right to express his religious beliefs.

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Burke has spent more than 650 days in prison after he was found to have violated a court order issued by Judge Alexander Owens in 2023 instructing him not to trespass at the school.

Yesterday, he applied to the High Court to stop today’s DAP hearing following an application he made on Wednesday to appeal two of Judge Owens’s rulings from 2023.

In that case, the Court of Appeal heard arguments from Burke in an attempt to overturn the injunction against him and a ruling by Judge Owens that his suspension from the school was lawful.

Burke told the Court of Appeal that he did not want the DAP to take place until the court had made its ruling, arguing that its outcome may affect the DAP’s decision, after a previous iteration of the panel relied on findings by Judge Owens.

In the High Court yesterday, Judge Brian Cregan was the first to hear the case but recused himself from the case after hearing arguments from Burke that he should not hear the case on grounds of “objective bias”.

In a previous judgment, the judge had referred to Burke as “not a credible witness”, and Burke said this, and other comments the judge made “pushing for the DAP to be heard”, supported his case.

Judge Cregan said that he did not agree with Burke’s arguments but said not only does “justice need to be done, it needs to be seen to be done” adding “especially in this case”.

Addressing the High Court on Thursday for the purposes of the appeal, Burke said the issues before the Court of Appeal and to be discussed by the DAP were “closely relevant and connected to the issues”.

He said the issue of the legitimacy of the principal’s instructions was the “kernel” of what the DAP is to consider and “central” to his case in front of the Court of Appeal, the second-highest court in Ireland.

“I am going to be sitting in front of three members of DAP who are relying on Judge Owens’ judgment”, Burke said, adding that “there is a huge question mark over Mr Owens judgment” and he is awaiting a decision from the Court of Appeal.

“Tomorrow, if this injunction is not granted, the DAP will be sitting down to decide a question of law, a question of constitutional law,” he said.

He argued the issue should only be decided by the courts and not the “lay people” who make up the DAP.

He said the panel usually only decides on “matters of fact”, not “matters of law”.

Burke said he had written to the DAP three times since late March, requesting an adjournment of the meeting.

Padraic Lyons SC, for the DAP, said Burke’s submission was “untenable”, “misconceived” and “there is no basis for it”.

He said were the hearing to go ahead it “doesn’t mean he (Burke) is shut out from further legal review”.

If the DAP made a decision, based on a judgment that was then overturned, Burke could have it “corrected for legal error”, Lyons said.

He also said Burke had not brought proceedings in the correct manner, despite being “a vastly experienced litigant who he knows exactly what he is doing”.

Lyons said Burke was informed of the hearing date on 26 March, he was told on 7 April that all his objections had been rejected.

He said he had “ample time” to apply for an injunction but waited until the “eve” of the hearing.

Judge O’Connell said he was satisfied that the judgment of Judge Owens never amounted to a final determination of the issue about the validity of the instruction given by the principal.

In refusing the injunction, he said he did not believe the DAP had to delay its hearing due to the Court of Appeal proceedings.

Five other members of the Burke family were in court on Thursday: his mother Martina, as well as his brothers Isaac and Simeon and sisters Ammi and Jemima.

After Lyons argued against a further delay, Burke responded and said the panel’s work had already been delayed for three years.

Burke argued the delay was down to “conduct of his (Lyons’) clients”, stating a previous member “refused to resign from the panel for two years” and two further members resigned earlier this year.

With reporting by Press Association.

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