LAST UPDATE | 17 Jul 2023
SCHOOLTEACHER ENOCH BURKE, who was dismissed from his position for alleged gross misconduct, has been ordered to pay legal costs to Wilson’s Hospital School in their successful High Court action against him earlier this year.
During a heated exchange with Justice Alexander Owens today, Burke said that his case concerned his refusal to refer to a student who allegedly wished to transition by a different name and by a different pronoun and was one of religious belief and freedom of consciousness. He said objecting to people being transgender was the right of every citizen of Ireland.
Awarding the costs to the school, Justice Owens also made an order restraining Burke from trespassing on the premises of the school in Multyfarnham, Co Westmeath, but said that the German and History teacher was not prevented from attending outside the school gates.
In its action, the school had argued it was correct to place Burke on paid administrative leave pending the outcome of a disciplinary process against him.
It submitted that Burke was dismissed from his position because he had intimidated and harassed a colleague and had breached the confidence of a student in the school who wished to transition.
Burke, who denied any wrongdoing, argued that his suspension arose out of his opposition to people being transgender and an alleged direction by the school to refer to a student who wishes to transition by a different pronoun.
In a counterclaim, he submitted that the disciplinary process against him should be set aside and that it breached his constitutional rights, including his right to freedom of expression of his religious beliefs.
In May, Justice Alexander Owens found that Burke was lawfully suspended from his teaching position at the school.
Counsel for the school, Alex White SC, today said that Wilson’s Hospital School was seeking damages of €15,000 for Burke having trespassed, as well as costs involved in the case.
White said that on the second day of the original hearing, Burke was not present in court as he was not willing to “cease his disruptive conduct”, and he went on to say that Burke was “the author of his own misfortune”.
On 28 March, Justice Owens ruled that Burke could not attend the courtroom and could instead view matters by video-link after finding that he was in contempt of the face of the court for his constant interruption of the proceedings.
Defending himself, Burke said that he came to court to seek justice from “an unlawful suspension and unconstitutional process invoked against” him.
He said that his case was one of religious belief and freedom of conscience and accused Justice Owens of having “exalted religious belief to the most serious of crimes” in his original judgement.
He said that objecting to people being trangender was the right of every citizen of this country and asked Justice Owens: “Where was your oath when you wrote that religious belief was gross misconduct?”
“You said that my religious belief was capable of amounting to gross misconduct if the charge was proved,” said Burke.
“These proceedings have been initiated against me because I took a stand on my religious belief, I stand by my actions in speaking up, and for the court to now ask me to pay something is punishing me for that religious belief,” he said.
Justice Owens told him that what was at stake in the current proceedings was whether the court would award costs to the school and said that there would have to be exceptional reasons as to why the costs should not follow.
Burke said that the court had a constitutional obligation to uphold his rights, and he went on to say that Justice Owens had “reneged” on the vow he made when becoming a judge.
“That is a very serious matter, is an inalienable right and no judge can take it away, and no one can indict someone for the exercise of that right. It’s not your remit to do that, it is the command of God, the first commandment for Christians. Christians have a right. You took his name in your lips when you made that vow,” said Burke.
Burke also said that he had been barred from the original hearing and gardaí were placed outside the court doors, but Justice Owens said that Burke had not been barred from the court.
“It was made clear to you that you were most welcome to come back provided you gave an undertaking to abide by the rulings of the court. I tried to do everything in my power to facilitate this hearing and you refused to play ball,” said the judge.
After listening to Burke’s submissions, Justice Owens said that he had adhered to his oath as to how he decided the original case.
“You’ve harangued me now for nearly an hour,” said Justice Owens, ruling that he was awarding the school the costs.
The judge told Burke that he was still free to appeal the outcome of the original case in which Justice Owens ruled that Burke was lawfully suspended from his teaching position at the school.
In May, Justice Owens ruled that the school, subsequent to suspending Burke, was also entitled to a permanent injunction prohibiting him from attending at its premises and damages of €15,000 for his continuing trespass at the school’s campus.
The judge said that the damages were in addition to the €700 per diem fine that had been imposed by the High Court on Burke for his ongoing breach of earlier orders requiring him to stay away from the school’s premises.
The court heard evidence of Burke’s behaviour at a school event last June, when he publicly voiced his objections to what he called “transgenderism”, and at subsequent meetings held in August 2022 where his behaviour had been discussed.
Justice Owens said that the school’s former principal Niamh McShane was “fully within her rights to express her views” about Burke’s conduct at the school event and at staff meetings over the request regarding the student.
The judge said that Burke had defied court orders and the board by attending at the school following his suspension.
Burke has launched an appeal against his dismissal from the school, which was due to be heard by a three-person Teacher’s Disciplinary Appeal Panel. Earlier this month however, he secured a last-gasp temporary injunction restraining the hearing of the appeal due to his apprehensions of alleged bias. Burke’s bid for a permanent injunction against the hearing is to be fully contested by the appeal panel.
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