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File photo of Enoch Burke. Enoch Burke
Courts

Enoch Burke appeals injunction requiring him to stay away from school where he is employed

Burke was committed to prison last month until he agrees to obey the order not to attend the school.

JAILED TEACHER ENOCH Burke has formally lodged an appeal against a High Court injunction preventing him from attending or teaching at the school he is employed at.

Burke, who objects to addressing a student with the pronoun “they”, was committed to prison last month until he agrees to obey the order not to attend at or attempt to teach any classes at Wilson’s Hospital School in Co Westmeath.

The school obtained an order committing Burke, who had been suspended pending the hearing of a disciplinary hearing into allegations of misconduct against him, to prison over his failure to comply with the injunction.

Arising out of his refusal to purge his contempt he has been behind bars at Mountjoy Prison since early September.

This afternoon Burke, accompanied by members of the Irish Prison Services and assisted by his brother Isaac Burke, formally lodged his appeal against the injunction at the Office of the Court of Appeal (CoA).

The High Court had on Monday granted him an order allowing him to attend the Four Courts Complex in person.

In his appeal Burke wants the CoA to set aside orders including the granting of the temporary ex-parte injunction against him, and the subsequent decision to keep the injunction in place pending the final hearing of the matter.

He also has appealed against the High Court’s dismissal of applications brought by him aimed at setting aside his suspension from the school.

Burke has not appealed the High Court orders committing him to prison for contempt.

His appeal is due to be mentioned before a directions hearing of the CoA later this month.

It is understood that his appeal is unlikely to be heard before Christmas.

After the appeal was lodged, Burke was transported back to Mountjoy Prison.

Speaking to the media afterwards Isaac Burke confirmed that his brother has “no intention” of purging his contempt, a move that would secure his release from prison.

Enoch Burke, a History and German teacher, was suspended on full pay late last August pending an investigation into alleged misconduct, which he denies.

Arising out of his refusal to stay away from the school its board of management obtained a High Court injunction against him.

His refusal to comply with that order resulted in his incarceration.

Author
Aodhan O Faolain