![\"Enoch](\"https:\/\/www.newsbeep.com\/ie\/wp-content\/uploads\/2026\/04\/enoch-burke-fails-in-legal-bid-to-stop-disciplinary-hearing.jpg\")
Enoch Burke (right) leaving the Court of Appeal in Dublin on Wednesday (Niall Carson\/PA)<\/p>\nA meeting of a panel assessing the decision to dismiss Enoch Burke from his job will go ahead on Friday despite attempts by the former teacher to secure a High Court injunction to prevent it from happening.<\/p>\n
A Disciplinary Appeals Panel (DAP) oral hearing is due to take place at 10am on Friday, but Mr Burke said it should be halted until a decision is reached by the Court of Appeal in another matter relating to his dispute with Wilson\u2019s Hospital School.<\/p>\n
In the High Court on Thursday, Mr Justice Michael O\u2019Connell refused the application as proceedings stretched into 7pm in the evening.<\/p>\n
The judge also granted a production order so that Mr Burke would be brought to the disciplinary hearing.<\/p>\n
Enoch Burke (right) leaving the Court of Appeal in Dublin on Wednesday (Niall Carson\/PA)<\/p>\n
The former history and German teacher has been engaged in a legal dispute with the Co Westmeath school since 2022.<\/p>\n
He was suspended following incidents arising from a request from the school\u2019s then-principal to address a student by a new name and pronoun, and later dismissed from his position.<\/p>\n
Mr Burke has repeatedly argued the direction was unconstitutional and went against his right to express his religious beliefs.<\/p>\n
He has spent more than 650 days in prison after he was found to have violated court orders instructing him not to trespass at the school.<\/p>\n
On Wednesday, the Court of Appeal heard arguments from Mr Burke as he sought to overturn a May 2023 High Court ruling by Mr Justice Alexander Owens which found his suspension from the school was lawful.<\/p>\n
![\"Isaac,](\"https:\/\/www.newsbeep.com\/ie\/wp-content\/uploads\/2026\/04\/1776985088_613_enoch-burke-fails-in-legal-bid-to-stop-disciplinary-hearing.jpg\")
Isaac, Martina, and Ammi Burke (Niall Carson\/PA)<\/p>\n
In normal circumstances, litigants have 28 days to file an appeal to a High Court decision after an order is perfected, the date it is formalised.<\/p>\n
Appearing in front of the three-judge panel, Mr Burke said he did not bring his appeal in time because he was involved in other litigation, was in prison for much of the period since the ruling and had \u201clost confidence\u201d in the Court of Appeal following a previous judgment.<\/p>\n
He said he was appealing against the judgment because it had not taken his constitutional rights into consideration or properly examined the legality of the principal\u2019s instructions.<\/p>\n
He also referred to a statement the Department of Education gave to The Irish Times in January, which said schools are not legally obliged to use students\u2019 preferred pronouns.<\/p>\n
![\"Enoch](\"https:\/\/www.newsbeep.com\/ie\/wp-content\/uploads\/2026\/04\/1776985089_681_enoch-burke-fails-in-legal-bid-to-stop-disciplinary-hearing.jpg\")
Enoch Burke outside Wilson\u2019s Hospital School (Brian Lawless\/PA)<\/p>\n
The lawyer representing the school\u2019s board of management, Rosemary Mallon, challenged his request and said the two-and-a-half year delay was \u201cextraordinary\u201d, she said there was a \u201cneed for finality\u201d in the matter.<\/p>\n
Ms Mallon argued Mr Owen\u2019s decision was not \u201ca declaration as to the lawfulness of the principal\u2019s direction or instruction\u201d, but about \u201cthe lawfulness of the decision to suspend\u201d.<\/p>\n
She also said Mr Burke had the opportunity to make arguments at the time, but he was \u201cdisorderly and in persistent contempt of court\u201d, and was asked to leave the court.<\/p>\n
She also said the statement from the Department of Education was \u201csimply be a view expressed by the department\u201d and not \u201cbinding\u201d for the courts.<\/p>\n
The first judge scheduled to hear the injunction on Thursday, Mr Justice Brian Cregan, recused himself from the case after hearing arguments from Mr Burke.<\/p>\n
He had argued the judge should remove himself from making a decision on the injunction on the grounds of \u201cobjective bias\u201d.<\/p>\n
In a previous judgment, Mr Cregan had referred to Mr Burke as \u201cnot a credible witness\u201d, and Mr Burke said this, and other comments the judge made \u201cpushing for the DAP to be heard\u201d, supported his case.<\/p>\n
![\"Enoch](\"https:\/\/www.newsbeep.com\/ie\/wp-content\/uploads\/2026\/04\/1776985089_400_enoch-burke-fails-in-legal-bid-to-stop-disciplinary-hearing.jpg\")
Enoch Burke outside Wilson\u2019s Hospital School in Co Westmeath (Brian Lawless\/PA)<\/p>\n
Mr Cregan said that he did not agree with Mr Burke\u2019s arguments but said not only does \u201cjustice need to be done, it needs to be seen to be done\u201d adding \u201cespecially in this case\u201d.<\/p>\n
Addressing the High Court on Thursday for the purposes of the appeal, Mr Burke said the issues before the Court of Appeal and to be discussed by the DAP were \u201cclosely relevant and connected to the issues\u201d.<\/p>\n
He said the issue of the legitimacy of the principal\u2019s instructions was the \u201ckernel\u201d of what the DAP is to consider and \u201ccentral\u201d to his case in front of the Court of Appeal.<\/p>\n
\u201cI am going to be sitting in front of three members of DAP who are relying on Judge Owens\u2019 judgment\u201d, Mr Burke said, adding that \u201cthere is a huge question mark over Mr Owens judgment\u201d and he is awaiting a decision from the Court of Appeal.<\/p>\n
\u201cTomorrow, if this injunction is not granted, the DAP will be sitting down to decide a question of law, a question of constitutional law,\u201d he said.<\/p>\n
He argued the issue should only be decided by the courts and not the \u201clay people\u201d who make up the DAP.<\/p>\n
He said the panel usually only decides on \u201cmatters of fact\u201d, not \u201cmatters of law\u201d.<\/p>\n
![\"Enoch](\"https:\/\/www.newsbeep.com\/ie\/wp-content\/uploads\/2026\/04\/1776985090_798_enoch-burke-fails-in-legal-bid-to-stop-disciplinary-hearing.jpg\")
Enoch Burke at the High Court (Brian Lawless\/PA)<\/p>\n
Mr Burke said he had written to the DAP three times since late March requesting an adjournment of the meeting.<\/p>\n
Padraic Lyons SC, for the DAP, said Mr Burke\u2019s submission was \u201cuntenable\u201d, \u201cmisconceived\u201d and \u201cthere is no basis for it\u201d.<\/p>\n
He said that if the hearing were to go ahead, it \u201cdoesn\u2019t mean he (Mr Burke) is shut out from further legal review\u201d.<\/p>\n
If the DAP made a decision, based on a judgment that was then overturned, Mr Burke could have it \u201ccorrected for legal error\u201d, Mr Lyons said.<\/p>\n
He also said Mr Burke had not brought proceedings in the correct manner, despite being \u201ca vastly experienced litigant who he knows exactly what he is doing\u201d.<\/p>\n
Mr Lyons said Mr Burke was informed of the hearing date on March 26, he was told on April 7 that all his objections had been rejected.<\/p>\n
He said he had \u201cample time\u201d to apply for an injunction but waited until the \u201ceve\u201d of the hearing.<\/p>\n
![\"Enoch](\"https:\/\/www.newsbeep.com\/ie\/wp-content\/uploads\/2026\/04\/1776985090_846_enoch-burke-fails-in-legal-bid-to-stop-disciplinary-hearing.jpg\")
Enoch Burke at the High Court, Dublin, arriving with family members including his brother Isaac (left), mother Martina (second left), and sister Ammi (Brian Lawless\/PA)<\/p>\n
Mr Justice O\u2019Connell said he was satisfied that the judgment of Mr Owens never amounted to a final determination of the issue about the validity of the instruction given by the principal.<\/p>\n
In refusing the injunction, he said he did not believe the DAP had to delay its hearing due to the Court of Appeal proceedings.<\/p>\n
Five other members of the Burke family were in court on Thursday: his mother Martina, as well as his brothers Isaac and Simeon and sisters Ammi and Jemima.<\/p>\n
![\"Man](\"https:\/\/www.newsbeep.com\/ie\/wp-content\/uploads\/2026\/04\/corkuniversityhospitalgenericcuh-xlarge.jpeg\")
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