Enoch Burke dismissed from Wilson's Hospital School

Enoch Burke's dismissal from Wilson’s Hospital School in Co Westmeath has been confirmed after the school told the court that the appeals process has ended and he has been informed.

The High Court heard that the Disciplinary Appeals Panel, which had been hearing Mr Burke’s case, could not proceed due to disruption and that the process has ended.

Representing the school, Rosemary Mallon BL, said that the Board of Management met yesterday and confirmed Mr Burke’s dismissal for gross misconduct.

She said that because the appeal could not be proceeded with, this meant grounds for his dismissal could not be laid out, and the Disciplinary Appeals Panel said that the process has been "exhausted and now concluded".

She said that the board communicated this with Mr Burke, as well as the Department of Education so that payment can be stopped, while the Teaching Council will also be informed today.

Mr Burke appeared in court via videolink from Castlerea Prison.

He has spent over 650 days in prison over the last three years for contempt of court in relation to a direction not to attend Wilson's Hospital School, where he worked as a teacher.

Mr Burke was being paid by the Department of Education for the past three years as his appeal against his dismissal was ongoing.

In that time, three different Disciplinary Appeals Panels were appointed to hear his case.

The court heard that the third panel appointed deemed that it was not be possible for it to carry out its duty due to disruption, which it says was caused by the Burke family.

A letter sent to Mr Burke outlining these reasons was read out in court by Ms Mallon.

The letter described some incidents during the process as "harassment and unacceptable" and said this conduct "entirely undermined" the panel’s ability to carry out its function.

Mr Burke told the court that he is "still an employee of Wilson’s Hospital School" and that for him "this matter does not end until justice is done".

Justice Cregan said it is clear that Mr Burke does not accept the decision by the school’s Board of Management.

Mr Burke also outlined his concerns with the Disciplinary Appeals Panel, but was told by Justice Cregan that his concerns could not be dealt with as there was no application before him about the issue.

Justice Cregan asked Mr Burke if he was prepared to tell the court that he would not trespass at the school, saying he could be released from prison if he agreed to purge his contempt.

Mr Burke did not immediately answer the question, and continued to talk about his concerns around the disciplinary panel.

He was asked three times if he would agree not to return to the school, but failed to give an answer.

Justice Cregan said: "I’m afraid in light of what he has said, he still regards himself as an employee, and in those circumstances he’ll have to remain in prison for contempt of court."

Proceedings at the High Court were halted twice following interruptions.

In the first instance, Enoch Burke’s brother Simeon Burke was asked not to make further representations for his brother.

Justice Brian Cregan later ordered Simeon Burke’s removal as he continued to interrupt.

In the second instance, another woman began to speak to the judge.

Justice Cregan repeatedly asked her to identify herself, to which she did not answer.

She was asked to leave the court.

The case was adjourned until 3 June.