A former Principal of Wilson's Hospital secondary school has described Enoch Burke's "public outbursts" at a religious service and a follow-up dinner where he voiced his opposition to "a request" to call a student by a different name and pronoun as being "wholly disrespectful," "serious misbehaviour" and "unprofessional."
Niamh McShane, who was Principal and Warden of the Co Westmeath school between 2016 and 2022, said that in May 2022 she sent an email to staff at the school, which she described as "a request," to refer to a student at the school who wished to transition by a different name.
In reply to questions from the school's counsel Mark Connaughton SC, she said despite Mr Burke's opposition to the request, she had attempted to reach an accommodation with him to see if a compromise could be found over the issue.
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He had voiced his opposition to a request in emails and at a staff meeting. "We tried to find a situation where the teacher and the student could be supported, and we tried to be absolutely fair with Mr Burke" she said, but ultimately none could be found.
She said that on June 21st last Mr Burke had made an outburst during a service to mark the 260th anniversary of the school's foundation, calling on Ms McShane to withdraw what he described as the school's "demand" to "recognise transgendarism."
She said that nobody was being asked by the school to accept transgendarism, and that the reason behind the request was to comply with the school's ethos of acceptance and to protect the welfare, safety and duty of care owed to the school to one of its students.
She said that Mr Burke's "public" comments in front of students, teachers, parents, clergy, and other stakeholders was "embarrassing" for her personally, those in attendance and "horrific" for the student in question.
She said that several students who attended the service had walked out of the chapel, resulting in presentations due to be made to staff who were retiring being given at a different location.
She said the students were "annoyed and upset" over what had happened, and that she had tried to defuse the situation.
At the follow-up dinner she said she "felt hunted a little" by Mr Burke, who she said had been present in the hall, but did not appear to join in the meal.
She said Mr Burke approached her twice during the meal, and accepted that he on one of those occasions got very close and in her personal space, asked her to drop the request about the student.
Ms McShane who was on crutches at the times said: "Not now Enoch and not tonight Enoch," adding that the event was not the time and place to discuss the matter.
Later that evening as the event was coming to an end, she felt concerned over what had happened and was walked back to her then residence on the school's property by two others who had attended the event.
Ms McShane was giving evidence on the second day of the school's action against the Co Mayo teacher where it seeks to justify its decision for bringing disciplinary proceedings against him.
In the days afterwards Ms McShane said she gave some consideration to what had happened, and took advice on the matter.
She was also concerned about Mr Burke's future behaviour in the school, given the manner in which he had publicly objected to the request.
She said came to the conclusion that Mr Burke's public actions amounted to gross misbehaviour and a breach of teacher's professional code of conduct.
While she was in the process of leaving the school to take up another job, she decided to initiate disciplinary action against Mr Burke.
She complied a report and presented it to the school's board of directors, in the hope that it might bring about a resolution between the school and Mr Burke.
Following a meeting in August which Mr Burke attended, the board took the decision to suspend Mr Burke.
She said she rejected contentions by Mr Burke that the matter had been predetermined or that the contents of the report have been discussed with the board members in Mr Burke's absence.
She also told the court that when she was presenting the report at a disciplinary meeting last January, which had been put on hold following Mr Burke's incarceration, she had to shout in order to be heard by the board, as members of the Burke family were shouting, saying that she could not be heard and that nobody was listening to her.
A former teacher at the school, Ms Catherin Gibson Brabazon, told the court that she was present at the service and meal.
She said that she was horrified at Mr Burke's interjection during the service, which she said was "a diatribe" and "a very personalised attack on Ms McShane." which she also described as "a cheap shot."
In reply to Rosemary Mallon Bl for the school Ms Gibson Brabazon said she rejected Mr Burke's claim that he had spoken in a measured and respectful manner at the service.
Mr Burke had "hijacked the service," she added.
She said she could not believe that something like this could happen in "a place of sanctity and sanctuary."
As Mr Burke got to his feet to speak she said the school's Chaplin told Mr Burke that this was not the time nor the place.
She said Mr Burke's spoke in a calm manner.
This was because he was not challenged, and nobody wished to get into "argy-bargy" in the chapel.
She said she did not know who Mr Burke was, and after approaching him she said she "rocked on her heels" after he said that he was a teacher at the school.
She said Mr Burke told her that the school's founder Andrew Wilson "would be spinning in his grave" if he knew what was happening at the school.
She said she told Mr Burke that if that was his view, he should consider "his own position at the school."
At the follow-up meal, she said Mr Burke did not appear to be happy.
She added that he was prevented by others from speaking with Ms McShane during that gathering.
Mr Burke, who claims his suspension was unlawful denies any wrongdoing, and in a counterclaim says that the school's direction was a breach of his constitutional rights and was forcing him to accept transgendarism which is against his religious beliefs.
Mr Burke was not present in the courts for the hearing, having been excluded by the judge on the opening day of the hearing.
Mr Justice Owens deemed Mr Burke to be in contempt in the face of the court, after the teacher was deemed to be interrupting proceedings, after the court refused his application to look into issues concerning the discovery of documents in the case.
The judge said that Mr Burke can view the case via a video-link and can return to the court after he gives an undertaking to comply with the rules of court.
Mr Burke declined to do so, and neither he nor his family attended at the court on Wednesday.
It was not known if he tuned on the video link.
Mr Justice Owens said it was his preference that Mr Burke be present for the hearing.
Earlier on Wednesday, Alex White SC for the school, said that in light of the issues raised by Mr Burke about documents that had been exchanged in advance of the proceedings, certain steps had been taken.
Mr Burke had claimed that the documents had been tampered with, while other material he claimed he had sought were not provided to him.
The judge rejected Mr Burkes claims about the documents being tampered with but asked the school to address the issues raised by Mr Burke in respect of that material.
Mr White said that the school had not tampered with anything, but in the interests of progressing matters had furnished the teacher with unredacted documents and had waived its entitlement not to provide him with material it said was not relevant to Mr Burke.
Certain material was not being provided on the grounds that it was not relevant to Mr Burke, and referred to other issues, counsel said.
Mr Burke's claims about materials being tampered with amounted to a "conspiracy theory," counsel added.
Mr Justice Owens said he was satisfied with the school's explanation about the documents and accepted that the material "did not contain the third secret of Fatima."
The hearing continues.
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