Enoch Burke will argue before the High Court tomorrow that his appeal against his dismissal from his teaching post should be heard by three new people.
The latest legal challenge by the former teacher could, if successful, result in a further delay in deciding his appeal against his sacking in January 2023 from Wilson’s Hospital School in Co. Westmeath.
Mr Burke initiated his action this week against the three members of the Disciplinary Appeal Panel (DAP): chairman Seán Ó Longáin; Association of Secondary Teachers, Ireland (ASTI) representative Geraldine O’Brien; and Jack Cleary, child protection advisor with the Joint Managerial Body (JMB) for voluntary secondary schools.
He is pursuing the case despite the panel, which had met for one day last month, agreeing to reconvene in Athlone this Saturday to allow Mr Burke to cross-examine school witnesses.
The DAP had previously been expected to decide by this Friday at the latest whether to recommend to the school board that his dismissal for gross misconduct should be upheld – or be overturned.
Its decision will be critical as to whether Mayo man Mr Burke can return to his post, bringing to an end a three-year legal battle.
The DAP hearing was postponed on earlier occasions due to legal challenges brought by Mr Burke, who remains on his full salary pending the final decision regarding his dismissal.
These included a successful challenge which resulted in the removal from the panel of ASTI general secretary Kieran Christie, whom Mr Burke had accused of having a bias in favour of transgenderism.
Mr Burke’s suspension and sacking had followed his angry and public reaction to being asked by the then-principal of Wilson’s Hospital School, Niamh McShane, to call a transgender student by a new name and the pronoun ‘they’. He said that he could not do this, due to his religious beliefs.
Mr Burke was yesterday given permission by the High Court to notify the DAP of his intention to seek a temporary injunction, restraining them from issuing their recommendation in his appeal against his dismissal from Wilson’s Hospital School.
He said that he wanted a fresh hearing by a newly constituted panel which does not include any of the three named defendants.
He is understood to be seeking permanent High Court restraint on them taking any further steps in his appeal.
Mr Burke will be brought by the Prison Service from Mountjoy jail in Dublin, where he is currently incarcerated for contempt of court, to make his application to the High Court tomorrow.
Yesterday, the Castlebar native was assisted in court by his brother Isaac and his sister Ammi.