Ireland Enoch Burke refuses conditions for High Court injunction against Wilson's Hospital School
Enoch Burke refused to accept conditions attached to a High Court injunction he sought to stop Wilson's Hospital School from holding a disciplinary hearing and terminating his contract. Judge Conor Dignam said he intended to reject the injunction if Burke did not comply with the court's orders.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court12 Jan
5 reports - Verdict
- Sentenced
Key facts
consolidated from all reports34 statements extracted from the articles
- whenThe disciplinary procedure hearing was scheduled for the following day at 10am. (gript.ie)
- chargeBurke is also seeking to prevent the school from terminating his contract. (gript.ie)
- chargeBurke sought an order preventing the school from continuing with a disciplinary process into allegations of gross misconduct that could result in his dismissal. (thejournal.ie)
- courtBurke was jailed for contempt on 5 September and freed on 21 December after continuing to attend the school despite restraining orders. (irishtimes.com)
- courtThe school initiated an application for temporary detention of Burke's assets after he went to the school from 5 January, to be heard the following Tuesday. (irishtimes.com)
- courtMr Justice Dignam refused to admit a supplemental affidavit by BOM chairman John Rogers. (irishtimes.com)
- courtEnoch Burke represents himself in the High Court proceedings (gript.ie)
- courtWilson's Hospital School is represented by barrister Rosemary Mallon (gript.ie)
- courtEnoch Burke is facing an application by the school to have his personal assets seized (gript.ie)
- courtA disciplinary hearing is scheduled for the following Thursday (gript.ie)
- courtMallon argued Burke had failed to make out a strong case against the process (gript.ie)
- courtMallon argued Burke has not given an undertaking for damages should he lose (gript.ie)
- courtThe hearing of the case began the previous Wednesday. (gript.ie)
- courtThe injunction would remain in place until the full hearing of the dispute has been determined. (thejournal.ie)
- courtThe order directing Burke to stay away from the school was granted the previous September. (thejournal.ie)
- courtJudge Dignam accepted Burke had made out a strong case that his challenge would succeed at full trial. (thejournal.ie)
- courtJudge Dignam said the contradiction could not be resolved at this stage and was a matter for the full hearing. (thejournal.ie)
- courtThe judge said Burke met the test for the injunction as he had a strong case. (gript.ie)
- courtThe conditions required Burke to make an undertaking to abide by the existing High Court injunction barring him from attending the school while suspended. (gript.ie)
- courtCounsel for the school, Rosemary Mallon BL, said Burke made it clear he did not intend to abide by the court's orders in future. (gript.ie)
- sentenceBurke was incarcerated for 108 days for being in contempt of court. (thejournal.ie)
- otherBurke has been on paid administrative leave since September 2022 pending the disciplinary process. (irishtimes.com)
- otherBurke alleged minutes of a BOM meeting of 22 August 2022 showed Rogers twice told him the report was read and discussed at the 15 August meeting. (irishtimes.com)
- otherEnoch Burke spent more than 100 days in Mountjoy Prison for contempt (gript.ie)
- otherCounsel for the school, Rosemary Mallon BL, argued Burke has been attending the school since it reopened after Christmas break. (gript.ie)
- otherMallon said the school was not seeking to have Burke imprisoned again. (gript.ie)
- otherThe disciplinary proceedings arose from Burke refusing to refer to a male student by a new name and transgender pronouns. (gript.ie)
- otherBurke argued McShane made false and misleading claims about his conduct arising from an exchange at a school dinner party. (gript.ie)
- otherBurke claims the disciplinary process is fundamentally flawed and in breach of fair procedures. (thejournal.ie)
- otherBurke argues his suspension and court orders amount to a manifest breach of his Constitutional rights to religious freedom. (thejournal.ie)
- otherBurke was released from prison before Christmas. (thejournal.ie)
- otherBurke breached the order again by attending the school after the holidays concluded on 5 January. (thejournal.ie)
- otherBurke said this contradicts minutes of a meeting he attended some days later where Rogers allegedly said the report's contents were discussed by the board. (thejournal.ie)
- otherBurke was advised in court by his sister Ammi and brother Simeon. (gript.ie)
The reporting
newest first- 18 Jan2023Enoch Burke refuses court’s conditions to gaining injunction against school - Gript
Reports on the High Court hearing where Judge Dignam offered Burke the injunction with conditions (abiding by the existing injunction barring him from the school), and Burke refused, leading the judge to say he intended to reject the injunction. Burke's sister Ammi and brother Simeon advised him in court.
accused, Enoch Burke, male, named, irish (judged from name)Enoch Burkevictim, Niamh McShane, female, irish (judged from name)Niamh McShane - 17 Jan2023Judge won't grant Enoch Burke injunction unless he complies with court order to stay away from school
Provides fuller detail on Judge Dignam's reasoning, including Burke's 108-day incarceration for contempt, his breach of the order by attending the school on 5 January, the judge's decision to 'focus on the future' by listing the matter for the next morning, and Burke's claim that board chairman John Rogers contradicted himself about whether the McShane report was discussed at the 15 August board meeting.
victim, Niamh McShane, female, irish (judged from name)Niamh McShaneaccused, Enoch Burke, male, named, irish (judged from name)Enoch Burke - 17 Jan2023High Court Decision on order to sequester Enoch Burke's assets expected late next week - Gript
Adds details about the school's application to sequester Burke's assets, Burke's arguments about transgenderism and his Christian faith, his claims that McShane made false and misleading claims at a school dinner party, and his objection that disciplinary proceedings were started at level four bypassing lower levels.
victim, Niamh McShane, female, irish (judged from name)Niamh McShanesuspect, Enoch Burke, male, named, irish (judged from name)Enoch Burke - 13 Jan2023The strange Enoch Burke argument aired in open court - Gript
Commentary piece discussing the school's barrister's 'clean hands' argument against granting Burke's injunction, and the author's legal counter-argument that the court should judge the facts independently of the litigant's conduct in a separate case.
accused, Enoch Burke, male, named, irish (judged from name)Enoch Burke - 12 Jan2023Judge to rule next week on Enoch Burke’s bid to halt ‘sham’ disciplinary process
Provides details of the court hearing where Burke argued the disciplinary process was a 'sham' and the school argued his continued breaches of court orders justified refusing the injunction. Mr Justice Dignam refused to admit a supplemental affidavit by BOM chairman John Rogers. The article also notes Burke was jailed for contempt on 5 September and freed on 21 December, and that the school initiated an application for temporary detention of his assets.
accused, Enoch Burke, male, named, irish (judged from name)Enoch Burkevictim, Niamh McShane, female, irish (judged from name)Niamh McShane