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Court to decide next week on Enoch Burke injunction application

Enoch Burke was jailed on 5 September for breaching a court order and was released from prison on 21 December
Enoch Burke was jailed on 5 September for breaching a court order and was released from prison on 21 December

The High Court will give its decision early next week on an application by secondary teacher Enoch Burke for an injunction to stop a disciplinary hearing due to take place on Thursday.

Mr Burke's school, Wilson's hospital in Co Westmeath, told the court that Mr Burke should not be granted the order he wants because he himself is continuing to defy a court order.

Mr Burke described the disciplinary process in court as a "sham" and a "fake".

Lawyers for the school told the court that Enoch Burke had continued to attend on numerous occasions, even though an injunction granted in September last year directing him not to attend the school was still in force.

Barrister Rosemary Mallon said Mr Burke was seeking an order from the High Court to stop a disciplinary hearing due to take place next week and would expect the school to abide by that, but she said he himself had no difficulty defying court orders when he did not agree with them.

She said this should be enough for the court to refuse to grant the injunctions he was seeking.

Ms Mallon said Mr Burke's insistence on breaching the court orders was causing disruption and it was appropriate for everyone that the matter be dealt with as quickly as possible.

She also argued that Mr Burke's application was premature as he did not know what action the board of management would take and he could appeal any decision taken at the hearing.

Mr Burke said the school was wrong to say that he could not get relief from the courts just because he had continued to attend school in the conscientious belief that his suspension was unlawful and unconstitutional.

Mr Justice Conor Dignam said he would aim to give his decision as early as possible on either on Monday afternoon or Tuesday morning.

Mr Burke was jailed on 5 September for breaching a court order and was released from prison on 21 December.

The dispute between Mr Burke and the school began after he publicly confronted the principal voicing his opposition to addressing a student by a new name and with "they/them" pronouns.