A JUDGE has rejected an Evangelical Christian teacher’s accusation that he had been mocked in court during a trial over his suspension last year from a Church of Ireland school, pending the outcome of a disciplinary process.
The teacher, Enoch Burke, emailed accusations to the judge about his treatment in court, and refused to attend the majority of the hearing.
Mr Justice Owens said that Mr Burke’s behaviour before the Dublin High Court was “unacceptable”. He had warned him that he could return to the court after his disruptive appearance on the first day of the hearing only if he accepted the authority of the court.
Instead, Mr Burke made a statement outside the court, in which he accused the judge of unjustly barring him, and mocking him. The case continued without Mr Burke in attendance, or a legal representative being present to cross-examine witnesses.
The management board of Wilson’s Hospital School, in Co. Westmeath, and Mr Burke, are in a dispute that stems from a request from the school’s former head teacher, in May last year, to address a student by a new name and the pronoun “they”.
Mr Burke was suspended from the school after an outburst at a religious service and a public dinner, at which he publicly called on the former head teacher, Niamh McShane, to withdraw what he is alleged to have described as her “demand” to “recognise transgenderism”. She told the court that children present had been very upset by Mr Burke’s words.
Mr Burke, an Evangelical Christian, maintains that the case is about the freedom to express his religious beliefs. The school’s counsel told court last week that Mr Burke had never been required to deny his belief, but that he did not have a right to act without limit or restraint.
Mr Burke returned repeatedly to the school after his suspension last summer, leading to the school obtaining a court order to prevent him from accessing school grounds. When he breached the injunction, he was sentenced to four months, and had to be repeatedly moved in the prison for his own safety, after voicing his views to fellow inmates.
In one court appearance he said he would “only obey God” and not “obey man”.
Mr Burke was formally dismissed from his teaching position in January this year. He has continued to turn up at school, and a judge has imposed a fine of €700 a day for each appearance since 27 July. Mr Burke had accumulated fines of almost €24,000 by last week’s court date.The Burke family are known for their conservative religious activism, particularly for their protests against the LGBTQ community, and have won vocal support around the world.
Mr Justice Owens delayed his judgment on the case last Friday, but is expected to rule shortly.
He said that, in his provisional view, there was a clear case of trespass by Mr Burke, even if the school had acted incorrectly in suspending him. He continued the injunction preventing Mr Burke from trespassing on school premises.
A spokesman for the Church of Ireland said that it was not commenting on the case.
* * CW has reached out to Mr BURKE, offering him an opportunity to engage with us, and we wish to repeat that offer to him at this time. * *