Teacher Enoch Burke is to be further held in custody after appearing before Justice Brian Cregan at the High Court this morning.
Mr Burke, who, counsel for the Department of Education and the Department of Finance confirmed, has now been removed from the payroll of the Department as a teacher, refused to accept the decision of the Court of Appeal (COA), which rejected his application to have the order of Justice Alexander Owens, which found that he was validly suspended, set aside.
Mr Burke was given three opportunities to directly confirm if he accepted the decision of the COA; however, he repeatedly made the point that there was “no legal basis” to compel a teacher, member of staff, or a student to refer to a student by a “new name” or the pronoun “they”.
He said that this was “not a legitimate instruction” and complained that Clare Callanan, the chair of the Disciplinary Appeals Panel (DAP) established to examine the circumstances around his suspension from Wilson’s Hospital School, had a “conflict of interest” as he claims she is married to a person who is in a high-ranking position in relation to the Church of Ireland.
Mr Burke repeatedly accused Justice Cregan of being “partial” and of “coaching” counsel for Wilson’s Hospital School, Rosmary Mallon BL, and that he had been “partial” over an eight-week period, which the court dismissed as “absolute nonsense”.
Mr Burke accused Judge Cregan of engaging in a “flagrant abuse of court time” for previously instructing Ms Mallon to read out a 19-page document detailing the reasons for the rejection of his appeal, which the court said was “an hour very well spent” as the court “needed an understanding of the grounds on which the appeal was rejected”.
Mr Burke accused the court of doing this so the “media” would publish the contents of the 19 pages, repeatedly saying “you could have risen” to read the papers.
Mr Burke accused the school of “gross misconduct”, saying that he will “never accept that my Christian belief can be set forth as gross misconduct to say that I don’t have the right to freedom of conscience”.
Justice Cregan said that the COA had “comprehensively rejected” the appeal of Justice Owens’ ruling, and that therefore the judgment was still “valid”, asking Mr Burke repeatedly if he would agree to refrain from trespassing at the school.
Mr Burke said that the judgment was not “a just one” and that he would “absolutely not” accept it.
“Are you prepared today to give an undertaking not to trespass at the school?” the court pressed.
“Was it just that I was suspended for refusal to use the ‘they’ pronoun,” Mr Burke argued, “I say that was manifestly unjust!” Mr Burke countered.
Justice Cregan said that Burke “did not appeal that” and again asked if he was prepared to refrain from trespassing at the school, and telling him that he could be released from prison “today” if he would enter into such an undertaking.
When no progress was made, the court instructed the registrar to “mute Mr Burke”, who appeared via video link, and ordered that he be held in prison for another unspecified period of time.
The court ordered a number of affidavits, including a total number of days of trespass on one side, with the fines imposed by previous courts on the other, including a daily €700 fine, which was doubled by Justice Brian O’Moore. This is to be compiled by Ms Mallon in conjunction with the school.
“I want a total figure with the dates trespass on the left and fines on the right,” he said, turning to counsel for the Department of Education and the Department of Finance to make a “short affidavit” outlining when Mr Burke was removed from the payroll of the Department of Education.
A solicitor for an appointed receiver was instructed to make a total amount of fines and what money was paid to Mr Burke from the school over that period.
The court said that these should be submitted within two weeks and that Mr Burke would have one week “or longer” to respond.
When Mr Burke was unmuted, he said that he is still a “full-time teacher of German and history” at the school and that there is “no change in my status”.
“We have rights in this country; those rights must be upheld! This is why we live in a republic!” he protested.
When Mr Burke again said that there was no lawful basis to compel someone to use ‘they’, Justice Cregan said, “You keep arguing this point, and you never actually make it in a court of law at the appropriate time!”
After having Mr Burke muted again, the court adjourned the case to the 24th of June.