A Co Westmeath school has brought a new application before the High Court that could see teacher Enoch Burke return to jail over his continued attendance at the school despite being sacked.
Lawyers for Wilson's Hospital School told the court this afternoon they are seeking permission to notify Mr Burke that they intend to seek orders directing him to be brought to court and imprisoned due to his continued breach of a permanent injunction directing him to stay away from the premises.
Barrister Rosemary Mallon told Ms Justice Emily Egan that Mr Burke has attended at the school every day since the new school year began in late August, despite having been suspended and eventually dismissed from his position as a German and History teacher.
Mr Burke has claimed that he was dismissed because of his Christian beliefs and his opposition to "transgenderism". The school said he was dismissed because of his conduct and concerns about what his conduct would be in the future.
Ms Mallon said Mr Burke’s attendance "outside and inside the school" was in breach of a permanent injunction granted by the high court earlier this year.
She said the terms of that order could not be clearer. And she said his ongoing presence at the school was causing "severe disruption" for staff and students.
The court heard a large part of the working day of the staff and the principal, Frank Milling, was taken up dealing with Mr Burke’s presence. She said on occasion, Mr Milling had to close doors to prevent Mr Burke from entering the school.
Ms Mallon said the board of management had returned to court a year after its first application against Mr Burke "with great reluctance".
In August last year, Mr Burke failed to comply with a court order requiring him to stay away from the school following his suspension as part of a disciplinary procedure.
He was jailed for several months in Mountjoy Prison and released shortly before Christmas. After Christmas, he again continued to attend at the school despite the imposition by the High Court of a daily fine of €700.
He continued to attend until the end of the school year in May.
Mr Burke has appealed the decision to dismiss him from his position.
Ms Mallon said the school had considered other options, including holding discussions with the gardaí and hiring private security personnel. But she said these options were not deemed to be feasible "for a variety of reasons".
In the circumstances, she said, the board wanted Mr Burke brought to court to answer for what it says is his ongoing contempt of the injunction.
Ms Justice Egan, who described the lengthy proceedings between the school and Mr Burke as "a saga" said she was satisfied to grant the school board permission to serve short notice of the application for attachment and committal on Mr Burke.
She directed that Mr Burke be served personally with the application and adjourned the matter to Friday.
The board's application is the latest in what has been a high-profile legal battle arising out of Mr Burke's suspension and dismissal from the Co Westmeath school.
In his judgment last May, Mr Justice Owens said the school was entitled to suspend Mr Burke in August 2022, and granted the board a permanent injunction prohibiting him from attending at its premises, as well as granting damages of €15,000 for his continuing trespass.
The judge said the school's decision to suspend Mr Burke was "rational and reasonable" after he had voiced his strong objections to a request by the school to refer to a student by a different name and by a different pronoun.
The teacher claimed that such a direction was a breach of his rights, and his religious beliefs.
The court heard evidence of Mr Burke's behaviour at a school event in June, when he publicly voiced his objections to "transgenderism", and at subsequent meetings held in August 2022 where his behaviour had been discussed.
Mr Burke denied any wrongdoing, and brought a counterclaim, claiming that the disciplinary proceedings against him were unlawful and in breach of his rights.
However, this was dismissed by the court.
Mr Burke has brought a challenge against the three-person panel appointed to hear his appeal against his dismissal from his teaching position.
Judgment is awaited in those separate proceedings against the panel.
