The full trial of the dispute between teacher Enoch Burke and Wilson’s Hospital School will open before the High Court later this month, a judge has directed. In a short ruling on Friday, Mr Justice Brian O’Moore said the trial, listed for four days, will open on March 28th.
The judge has been case-managing the action, initiated last August, when the school secured an injunction, continued in September, restraining Mr Burke attending there after he was placed on paid administrative leave pending a disciplinary process. That process arose from his publicly-voiced opposition at a school event in June to a request from the principal to teachers to address a transitioning student by their preferred name and using the pronoun “they”.
Since August several High Court judges heard various pre-trial applications, including one leading to the imprisonment of Mr Burke for 108 days for contempt of the orders to stay away from the school. After he resumed attending at the school following his release from prison without purging his contempt, Mr Justice O’Moore imposed daily fines of €700 on him from January 27th until he purges his contempt. The fines exceeded €30,000 on Friday. Prior to the fines order the school on January 20th served a notice of dismissal on Mr Burke, which he has appealed to an independent panel.
Earlier this week the Court of Appeal dismissed Mr Burke’s separate appeal over the court injunctions.
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The delivery of its judgments was disrupted by interruptions from Mr Burke and some members of his family, leading to gardaí escorting the Burkes from the courtroom amid chaotic scenes.
Mr Burke had objected to the High Court trial going ahead heard before the determination of his appeal, Mr Justice O’Moore noted in his ruling on Friday.
The judge, who has been case managing the action with a view to an “unusually early trial”, had refused to “pause” preparations for the trial, with the effect that witness statements, disclosure and written legal submissions were all provided over recent months.
Mr Justice O’Moore noted the Court of Appeal had said the issues identified by Mr Burke in his appeal were “in large measure” matters to be determined at the substantive trial which, the Court of Appeal had said, should take place in “early course”.
Mr Justice O’Moore previously warned that the trial judge will decide whether Mr Burke, “as a person in continuing contempt of court”, may seek any orders from the court to protect his interests.
Simeon Burke (24), of Cloonsunna, Castlebar, Co Mayo, a younger brother of Enoch Burke, was arrested last Tuesday after the events at the Court of Appeal. He was later charged with an offence under the Public Order Act and remanded in custody with consent to bail on his bond of €200 and a condition to stay away from the Four Courts.
After he refused to sign a bail bond, telling Dublin District Court: “I am not a criminal”, he was remanded in custody to Cloverhill prison, and his case was returned to Cloverhill District Court on Tuesday.
