Application to bring teacher to High Court over alleged breach of injunction adjourned

The application to bring a secondary school teacher before the High Court for breaching a court order has been adjourned until Monday.

Barrister Rosemary Mallon told the court the paperwork relating to the court's order this morning directing gardaí to arrest Enoch Burke and bring him to court was not yet finalised.

She said An Garda Síochána had said they would be able to facilitate the court's order, once it had been provided to them.

Ms Mallon said Mr Burke was still on the school's premises and it was their intention to hand him a copy of the injunction directing him to stay away from the school so that he would be fully informed and kept up to date.

Earlier, the High Court had ordered the arrest of Mr Burke for allegedly breaching the terms of the injunction directing him not to attend or teach at the school where he is employed.

The court had granted an injunction to the board of management of Wilson's Hospital School in Co Westmeath.

The court was told Mr Burke had been put on paid administrative leave following a public confrontation with the principal at a school event in June after Mr Burke had been requested to refer to a student, who wishes to transition, by their preferred pronouns.

The school had been granted the injunction after telling the court Mr Burke was continuing to attend.

Lawyers for the school told the court this morning that he was on the premises sitting in an empty classroom.

At a previous hearing, the court heard Mr Burke had objected to the request from the school following a request from the student and their parents to address the student by a different name, and to use the pronoun "they" rather than "he" or "she".

He said a belief system was being forced on students and claimed the request amounted to a breach of constitutional rights.

The school claimed that Mr Burke then interrupted a service and dinner held in June to mark its 260th anniversary.

The dinner was attended by clergy, staff, past and present pupils, parents and board members.

The court was told that Mr Burke told the principal, Niamh McShane, that she should withdraw the earlier demand regarding the transitioning of the student, that he could not agree with transgenderism and that it went against the school's ethos and the teaching of the Church of Ireland.

After the dinner, the school claims Mr Burke again approached the principal and again asked her to withdraw the request.

It says she walked away from him after telling him she would speak to him at an appropriate time, but he continued to follow her and questioned her loudly.

Other people stood between them, to prevent the questioning continuing, the court heard.

A disciplinary process was commenced after this and a decision was taken to place him on administrative leave pending the outcome of the process.

However, the court heard Mr Burke continued to attend the school.

The court was told on Wednesday that Mr Burke continued to turn up after the injunction had been granted.

This morning, Ms Mallon said Mr Burke was currently on the school premises sitting in an empty classroom and was due to remain there according to his normal timetable until 2.45pm.

He had not taken any steps to challenge the school's decision to place him on administrative leave.

When challenged, she said his response was always something along the lines of "I'm here to work".

Ms Mallon said the only course of action now available to the school was to ask the court to make an order directing his arrest by gardaí in order to bring him to court to respond to his breach of the order.

She said this was not something the school took lightly.

Judge Miriam O'Regan said she was satisfied to grant the order sought by the school on the basis of the school's concerns and the evidence before her that Mr Burke had breached a court order.

The judge said she noted the school had taken steps to minimise his contact with the children he would normally teach.