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ENOCH BURKE IS expected to initiate legal action against the Disciplinary Appeals Panel (DAP) tomorrow, after a High Court judge directed prison authorities to bring the jailed schoolteacher to the Central Office of the High Court.
The Disciplinary Appeals Panel last met before Christmas and is reconvening this weekend to determine whether Burke was fairly or unfairly dismissed by Wilson’s Hospital School.
If the panel rules against him, his dismissal will be confirmed.
A judge has previously said Burke could be released from prison either if he purges his contempt or once the panel reaches its decision.
Justice David Nolan said today that Burke could, if he wished, begin proceedings against the panel, which is due to reconvene this Saturday to continue considering his appeal against dismissal from Wilson’s Hospital School in Co Westmeath.
Burke is currently in Mountjoy Prison for contempt of court after repeatedly breaching injunctions ordering him to stay away from the school where he previously worked.
He has spent close to 600 days in prison arising from various contempt orders.
Tuesday’s application to the High Court was brought by Burke’s brother, Isaac, with his sister Ammi also present.
While Judge Nolan said Isaac Burke had no right of audience on his brother’s behalf, he allowed him to make the application and granted a limited production order for Burke to be brought to the Central Office of the High Court between 10am and 4pm.
Earlier, Judge Nolan had directed that gardaí attend court, telling Burke’s brother that he was “not going to put up with any more of your nonsense” after repeated interruptions during proceedings.
Burke was dismissed from his teaching position in 2023 for gross misconduct following a series of incidents, including interrupting a religious service and confronting the school principal.
He has argued that he is being persecuted for his religious opposition to a request by the school to address a transgender pupil by their preferred pronouns.
Burke maintains he was unlawfully dismissed and has argued that he was entitled to attend at the school as his place of work, despite court orders barring him from the grounds.
The Disciplinary Appeals Panel has previously heard submissions from both Burke and the school’s board of management, and is legally required to determine the reasons for his dismissal independently of earlier court judgments.
With reporting by Andrew Walsh and Stephen McDermott
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