A Co Wicklow school principal has defended his refusal to allow back into his school a boy who, with others, had smoked cannabis during a school trip.
Mr Gear≤id ╙ Ciarβin said he proposed the expulsion of David McKenna (15) because, he alleged, the boy had supplied drugs to others at Colaiste Raithin and was a danger to other pupils and unsuitable for the school.
Mr McKenna, of Dargle Road, Bray, has admitted using cannabis but denies supplying it to others.
He is back in Colaiste Raithin, an Irish-speaking school in Bray, pending the outcome of his legal proceedings against Mr ╙ Ciarβin, the board of management of Colaiste Raithin and Co Wicklow Vocational Educational Committee (VEC).
The principal had refused to take back the boy but was directed to do so by the High Court last January. The order applies pending the outcome of the legal action.
Mr ╙ Ciarβin is conducting his case through Irish and simultaneous translation facilities have been provided. Difficulty in securing those facilities had caused some delay in having the case heard.
The proceedings arose after the boy, and four others, were found to have smoked cannabis during a school trip to the Aran Islands in October 2000. All five boys were suspended from October 23rd as a result.
On November 6th 2000, a meeting of the management board decided to recommend to the VEC that the five boys be expelled.
Mr ╙ Ciarβin says he had proposed, on the basis of legal advice, that two boys be expelled - Mr McKenna and another boy who has since been withdrawn from the school - but not the other three.
Mr ╙ Ciarβin maintains he was entitled to distinguish between the boys because, he claims, Mr McKenna and the withdrawn boy were involved in supplying drugs to others and this was in breach of the school rules. He claims the management board acted wrongly in recommending the expulsion of all five. A further meeting of the board on November 15th 2000 reversed the expulsion recommendation and recommended all five be told they could return to the school. This decision was confirmed by Co Wicklow VEC on November 21st.
Three of the boys returned to the school but when Mr McKenna presented himself there on December 1st 2000, he was given a letter by Mr ╙ Ciarβin informing him the principal could not accept responsibility for his return to classes and he was still suspended. Further efforts to have the boy allowed back were unsuccessful and this led to the boy taking legal action.
In court yesterday, Mr Mark de Blacam SC, for the boy, said the VEC was conceding his client was entitled to the order directing Mr ╙ Ciarβin to allow him back to Colaiste Raithin.
The crux of the case was simple, counsel said. It related to whether Mr ╙ Ciarβin had the right, acting of his own volition, to exclude the boy from the school. Mr ╙ Ciarβin had no such right as all acts of the board of management were subject to confirmation by the VEC. The final decision absolutely lay with the VEC.
In an affidavit, Mr Adrian McKenna, father of David, said the boy's parents did not approve of his smoking cannabis. David knew he had involved himself in something stupid and would appreciate a second chance. Mr McKenna alleged Mr ╙ Ciarβin had "shown bias" against David as the three other pupils also involved in smoking cannabis had been allowed back into the school.
In another affidavit, Mr ╙ Ciarβin said the cannabis incident was the worst drug incident in the school's history. Pupils had been warned there would be serious implications for anyone involved in supplying drugs in school.
He said it was within his powers to expel David. He also contended the board of management had failed at its November 15th meeting to adhere to correct procedures and its decision, and the subsequent decision of the VEC of November 23rd, was invalid. He was asking the court to grant proper recognition to his responsibilities as a teacher and a school principal, he added.
Mr Hugh O'Brien, chief executive officer of Co Wicklow VEC, said, in an affidavit, the VEC was perturbed its decision of November 23rd was ignored by Mr ╙ Ciarβin who had acted without the authority of the VEC in refusing to allow David back into the school.
The case continues today.
