Enoch Burke’s dismissal from Wilson’s Hospital School in County Westmeath has now been confirmed. The school informed the High Court that the appeals process has concluded and that he has been notified of the outcome.
The court heard that the Disciplinary Appeals Panel could not continue its work because of repeated disruption, bringing the entire process to an end.
Representing the school, barrister Rosemary Mallon told the court that the Board of Management met the previous day and formally confirmed Burke’s dismissal on grounds of gross misconduct. Since the appeal could not proceed, the panel determined that the process had been exhausted.
The board has written to Burke, the Department of Education to halt his salary payments, and the Teaching Council, which is due to be notified today.
Burke appeared in court by videolink from Castlerea Prison. He has spent more than 650 days in custody over the past three years for contempt of court after refusing to stay away from the school where he had worked as a teacher.
During that period he continued to receive payment from the Department of Education while his appeal against dismissal remained active. Three separate Disciplinary Appeals Panels were appointed to hear his case.
The third panel concluded it was unable to fulfil its role due to ongoing disruption, which it attributed to the Burke family. A letter sent to Burke detailing these issues was read in court. It described certain behaviour as harassment that was unacceptable and said it had completely undermined the panel’s ability to function.
Burke told the court he still considers himself an employee of the school and insisted the matter would not be resolved until justice is served.
Mr Justice Cregan noted that Burke does not accept the Board of Management’s decision. When Burke raised concerns about the appeals panel, the judge explained that those issues could not be addressed because no formal application on the matter was before the court.
The judge asked Burke whether he was willing to give an undertaking not to trespass at the school, which would allow him to be released from prison by purging his contempt. Burke did not directly answer the question and continued speaking about the disciplinary process. He was asked the same question three times but gave no clear response.
Mr Justice Cregan ruled that, in light of Burke’s position, he regards himself as still employed and must therefore remain in prison for contempt of court.
The proceedings were interrupted twice. First, Burke’s brother Simeon was warned against making further representations on his behalf and was later removed from court for continuing to interrupt. In a second incident, another woman began addressing the judge without identifying herself and was asked to leave.
The case was adjourned until 3 June.
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