Enoch Burke seeking injunction against Teaching Council inquiry
Jailed schoolteacher Enoch Burke is asking the High Court to halt a Teaching Council inquiry into allegation against him, claiming that the inquiry panel is biased.
A fitness to teach inquiry is scheduled to commence on Wednesday to consider allegations of professional misconduct against Burke.
The allegations in the main arise from complaints relating to Burke’s trespassing at his one-time workplace, Wilson’s Hospital School, in breach of court orders.
Burke was formally dismissed from his role at the Co Westmeath school last month.
The school suspended and later dismissed Burke over his conduct towards then-principal Niamh McShane at a school religious event in June 2022.
The confrontation arose in circumstances where McShane had earlier directed teachers to address a student by a new name and with the pronouns “they” and “them”.
Burke, an evangelical Christian, has maintained this request went against his religious beliefs.
Burke has repeatedly breached the order to stay away from the school. He is now incarcerated over this contempt of court and has spent over 700 days over separate spells in jail.
Appearing in person before Judge Brian Cregan, Burke on Monday said he was seeking an interim injunction stopping the scheduled fitness to teach inquiry hearing from going ahead. He is seeking the injunction against the three members of inquiry panel.
Burke submitted that he met the requirements for the granting of interim injunction, including that his case against the inquiry panel raises a fair issue to be tried.
Burke claimed that Andy Pike, the inquiry chairperson, was biased and “cannot approach this inquiry from an objective standpoint”.
Burke claimed Pike had promoted social media posts relating to St Patrick’s Day floats that “mocked and parodied” him.
He submitted the panel had unfairly “circumscribed” the issues to be considered by the inquiry.
Burke also submitted that a “legal assessor” engaged by the inquiry, senior counsel Lorna Lynch, had “overstepped and exceeded her role” in preliminary hearings held by the inquiry.
He also raised an issue with the panel’s acceding to a “key witness” giving evidence anonymously. Burke said no reason was provided for the granting of anonymity to John Galligan, a former deputy principal at Wilson’s Hospital School.
The judge gave permission to Burke to serve his proceedings on the inquiry panel members. He directed that the case return on Tuesday, when his bid for an interim injunction will be determined.
