Enoch Burke was dismissed from his teaching position at Wilson's Hospital School because he had intimidated and harassed a colleague and had breached the confidence of a student in the school who wished to transition, the High Court has heard.
On the third day of the action brought by the school arising out of his suspension the court heard evidence from teacher Ms Freda Malone, a staff representative on Wilson's Hospital board of management and the school's Deputy Principal Mr John Galligan about Mr Burke's behaviour at various events and meetings last year.
They both said that Mr Burke's behaviour had amounted to gross misconduct that merited the decision to suspend and dismiss him.
Read More: New Covid-19 public health advice comes into effect today
The case again proceeded in Mr Burke's physical absence following his exclusion from the courtroom until he agrees to comply with rulings made by the presiding judge Mr Justice Alexander Owens.
It is not known if Mr Burke is availing of the opportunity to view the proceedings via a video-link he has been provided with.
Addressing Mr Burke, if he was watching the proceedings, the Judge said that he would be welcome back to participate once the undertaking to comply with the court's rulings have been given.
In her evidence to the court, Ms Malone said that the school's board decided last January to dismiss the teacher, following a fraught and difficult meeting attended by Mr Burke and members of his family.
The school guidance counsellor, who was elected the acting chairperson of the board for the disciplinary hearing relating to allegations of gross misconduct against the Co Mayo teacher, said Mr Burke his brother Isaac, sister Ammi and mother Martina had shouted and chanted throughout that hearing.
In reply to Alex White SC for the school, she said the Burkes had objected to the presence of the school's lawyers and a stenographer at the meeting.
Counsel said that while the events of that January meeting are not something the court has to decide on, it has been raised in evidence to give the court a full picture of the matter.
In reply to the judge, she said the Burke's chants were about there being no chair at the meeting, asking where was Mr John Rogers, the chairman of the board, who on the date in question was absent due to illness.
Enoch Burke, she said, had repeatedly shouted over her, and said "Freda who are these people."
She said that Enoch's brother Isaac was "conducting" the chanting and keeping them "in time."
She said the board members were able to hear former principal Niamh McShane deliver her report into allegations about Mr Burke's misconduct, despite the shouting.
She rejected Mr Burkes contentions, made in a witness statement, that he could not hear what was being said by Ms McShane during that meeting, adding that he was given an opportunity to make his case.
She said that during the board's deliberations a decision was made to dismiss Mr Burke, which he has appealed.
She said the board found that he had "intimidated and harassed" Ms McShane and had "breached the confidence" in a very public way of a student at Wilson's Hospital who the school had asked to be known by a different name and pronoun in a very public way at two school events in June 2022.
Ms Malone added that the school had health and safety concerns about the student's welfare and feared that Mr Burke may repeat the type of public protests he had engaged in as part of his opposition to transgendarism before students.
She had been present at a school dinner last June, which took place after a religious service in the school where Mr Burke interjected and said that Ms McShane should withdraw her "demand" that staff at the school refer to the student by a different name and pronoun.
She described Mr Burke's behaviour that night as being "upsetting".
She said that the Burkes stood so close to her during the meeting that she got "whipped by Ammi Burke's hair."
She said she observed Mr Burke "lean over and talk over" Ms McShane when demanding that she withdraw her instruction in relation to the student.
Ms Malone, who is a wheelchair user, said that at one point of that function she got between Mr Burke and Ms McShane.
She said the situation was "very uncomfortable," and asked him "what are you doing to Niamh?"
She said Mr Burke replied that he was not doing anything wrong, and "You have to be careful what you say to me."
Ms Malone said that in response she told Mr Burke that "you have to be careful what you say to me."
She added that after Ms McShane was escorted home by other persons that other guests at the event "formed a ring" around the then principal's house.
In his evidence, Mr Galligan described how in meetings Mr Burke would not give the school any assurances about how he would behave towards a student who wished to transition.
Mr Galligan also said Mr Burke had "erupted" and had "changed colour" when expressing his strong objections about the school's direction, which the teacher deemed to be "a demand" to accept transgendarism, at a staff meeting shortly afterwards.
In reply to questions from the school's counsel Mark Connaughton SC, Mr Galligan, who joined Wilson's Hospital in 2019, said that prior to May 2022, Mr Burke had been a good teacher and was involved with the school's debating team.
He became aware of Mr Burke's opposition to the school's request in relation to the student in May.
This surprised him as Mr Burke had not raised any issues regarding a similar request made by the school in relation to another student some months earlier.
He said that he and Ms McShane had hoped that a compromise could be reached with Mr Burke over this issue, like they had over his objections to wearing a face mask during the Covid-19 pandemic after he agreed to wear a visor.
Mr Galligan said he was not present at the school service and dinner in June 2022 where Mr Burke made public comments about the school's request in relation to the student.
However, he was present at subsequent meetings of the school's board of management following the incident. He said that at an initial meeting in August the board was made aware of a report made by Ms McShane that contained a complaint about Mr Burke's behaviour at the June events but added that the contents of the report were not discussed nor fully aired at that meeting.
He said that at a subsequent board meeting which Mr Burke was invited to attend, the teacher did not engage with the board.
The purpose of that meeting Mr Galligan said was "to get Mr Burke's side of the story" and for him to give reasons why he should not be placed on administrative leave.
Following an adjournment of that meeting, he said Mr Burke, and his sister Ammi who also attended, walked out and did not return to the meeting following an adjournment.
The board he said then took a decision to suspend Mr Burke on full pay but did not make any findings against him.
He said that in late August Mr Burke, in breach of the terms of his suspension, attended at the school.
Mr Galligan, who was acting school principal at the time, said he contacted the school board's chairman Mr John Rogers, and they approached Mr Burke and told him he had to leave the school premises.
He said that that despite their requests Mr Burke refused to leave, stating that he was "there to work" and "to attend meetings."
Arising out of Mr Burke's refusal to stay away, High Court injunction proceedings were brought, which ultimately resulted in Mr Burke being jailed for contempt of court.
In its action, the school seeks various orders, including a permanent order directing Mr Burke to stay away and not trespass at the school.
Mr Burke, who denies any wrongdoing, has brought a counterclaim claiming that the disciplinary proceedings brought against him after he voiced his objections to a direction by the school to refer to a student at the school by a different name and pronoun, are unlawful and in breach of his rights.
The evangelical Christian was excluded from the courtroom by Mr Justice Owens on the opening day of the hearing over his failure to cease interrupting the case.
He was told he could return and participate if he gave an undertaking to comply with the court's rules and not interrupt the matter.
The judge stated that Mr Burke would be welcome back to the court if he agreed to comply with the rules.
Mr Burke was found to be in contempt of the face of the court, following the teacher's refusal to accept the court's decision to dismiss his complaint about documents that had been provided by the school in advance of the hearing.
Mr Burke claimed that documents had been tampered with, that the court had been lied to and misled, while other relevant documents he claimed he was entitled to be given had not been provided to him.
The school rejected those claims and said the teacher had been given all relevant material it had in its possession.
The Judge dismissed Mr Burke's claims and said he was satisfied with the school's explanation about Mr Burke's complaints about the documents.
Mr Burke, refused to accept the ruling, and said the case could not proceed until the preliminary matters he had raised were dealt with properly.
The case continues and is expected to conclude on Friday.
READ NEXT:
Fianna Fáil TD Barry Cowen slammed for 'car crash' interview on Today with Claire Byrne
Lineup revealed for Ryan Tubridy's final Late Late Show country special
Every child in the country to be entitled to a hot dinner at school in new plan announced today
Get news updates direct to your inbox by signing up to our daily newsletter here
