Jailed schoolteacher Enoch Burke is seeking permission from the Court of Appeal to challenge a High Court ruling made nearly three years ago, which barred him from returning to Wilson’s Hospital School, reports Breaking News.
In May 2023, Justice Alexander Owens ruled that the Co Westmeath school had legitimately suspended Burke from his teaching role and later ordered that he be restrained from entering the school premises, reports Breaking News.
The school suspended and eventually dismissed Burke due to his conduct toward the then-principal Niamh McShane during a school religious event in June 2022.
The confrontation occurred after the principal asked teachers to address a student by a new name, using the pronouns “they” and “them.” Burke, an evangelical Christian, has insisted that this request conflicted with his religious beliefs, reports Breaking News.
Burke has consistently violated the court order to stay away from the school and is currently serving time at Mountjoy Prison for contempt of court, having spent more than 600 days in prison across several terms.
He has repeatedly argued that his imprisonment is due to his religious beliefs and views on transgender issues, although this claim has been dismissed by multiple High Court judges, reports Breaking News.
On Friday, appearing before Judge Niamh Hyland via video link, Burke requested an expedited hearing date for his application to extend the time allowed to appeal Mr Justice Owens’ judgment and related orders, reports Breaking News.
Litigants have 28 days to appeal a High Court ruling after it has been formalised. However, the Court of Appeal can, in certain cases, grant permission to appeal outside that timeframe, reports Breaking News.
Burke argued that his appeal was warranted because, in a statement to *The Irish Times* in January, the Department of Education had clarified that there was “no legal obligation” for schools to use a pupil’s preferred name or pronouns.
He stated that this statement supports his position, which has been central to his dispute with Wilson’s Hospital School, and is of “fundamental importance” to the case. Burke also questioned why he remained in prison in light of this statement, reports Breaking News.
He argued that his continued imprisonment should be a significant factor in granting an expedited hearing, emphasizing that a successful appeal would require his immediate release, reports Breaking News.
Rosemary Mallon, barrister representing the board of management at Wilson’s Hospital School, stated that her client was willing to leave the decision of an expedited hearing to the court, reports Breaking News.
Ms Justice Hyland indicated she would grant Burke an expedited hearing for his request to extend the time for his appeal, scheduling a date in April, reports Breaking News.
This decision came despite her “reservations,” as she noted that Burke was in jail for failing to comply with a court order that was not appealed when it was issued almost three years ago, reports Breaking News.
Burke also asked the judge to impose a “stay” on the school’s decision to appoint a new disciplinary panel (Dap) to reconsider his dismissal from his teaching position.
He argued that if his appeal succeeds, the court would rule that the school’s disciplinary process was flawed from the start, reports Breaking News.
Burke has filed separate lawsuits against two previous panels convened to hear his appeal, reports Breaking News.
His most recent case was dismissed last week after two members of the panel resigned following legal advice last month. The third panel member also accepted that she could not participate in a new panel, reports Breaking News.
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