School says Enoch Burke should not be granted injunction while defying court order

Teacher Enoch Burke is seeking an injunction to halt a school disciplinary process against him while he continues to breach court orders.

Enoch Burke, who is subject to a disciplinary process by Wilson's Hospital School, and his family exiting the court.
Image: Screenshot of video from RTÉ News

Next week, the High Court will rule on whether to grant an injunction to Enoch Burke to restrain Wilson’s Hospital School’s disciplinary process against him. The school said that Burke should not get such an injunction when he himself continues to breach court orders.

During a two-day hearing that started on January 11 and ended today, the High Court heard Enoch Burke’s application to restrain the disciplinary process against him initiated by Wilson’s Hospital School’s board of management. Barrister Rosemary Mallon, who works for the school, told the court that Burke was seeking such injunction and expected the school to abide by it, while he himself was defying court orders.

Burke was suspended on paid administrative leave pending the disciplinary process following his alleged conduct at a school event in June, but continued to turn up to the institution anyway even after the school obtained an injunction against him.

The teacher was then arrested in September for contempt of court and remained in Mountjoy Prison for 108 days, before a judge ordered his release on December 21. After being freed, he showed up at school again and claimed that it was his “duty” and that he was previously incarcerated for his religious beliefs on “transgenderism”.

Barrister Mallon said that his continuous defiance of court orders should be enough for the court to refuse to grant him the injunction he is seeking. “These are not the actions of someone who is entitled to the protection of the court and injunctive relief,” said Mallon.

Moreover, she stated that Burke’s application for an injunction to halt the disciplinary process is premature and argued that if he is dissatisfied with the procedures and outcome, he can later resort to legal remedies, such as an appeal.


Burke contends that he has a strong case for such an injunction because he believes that the school disciplinary process against him is unlawful, unconstitutional and in breach of his right to freedom of religious belief. Yesterday, he accused the chairman of the board of management of the school, John Rogers, of lying under oath in a statement about the process. He also alleged the outcome of the disciplinary process had been pre-determined.

Justice Conor Dignam said a decision on whether or not to grant the injunction to Burke will be made by the court early next week.

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