The High Court judge hearing the ongoing action between Enoch Burke and the school he had taught at has strongly rejected criticisms levelled at him in an email sent to the court by the teacher.
The email was sent on the fourth day of the action involving Wilson's Hospital School and the Co Mayo teacher, who briefly attended outside the Four Courts, where he repeated his complaints against the judge, but did not seek to enter the courtroom and re-engage with the hearing.
Mr Burke stated in his email that he had been "barred" from the court earlier in the hearing and repeated his complaints about the judge's ruling following his complaint about documents provided to him and the court by the school.
Read More: Conor McGregor hires armed guard for his kids over US school shooting fears
In reply to the claims in the email, Mr Justice Alexander Owens said on Friday that Mr Burke had been excluded from the court on the opening day of the hearing, after being found in contempt of the face of court, until such a time as he agreed to comply with the court's ruling regarding the pretrial discovery or exchange of documents between the parties.
The judge said that it had been made clear to Mr Burke that once he gave an undertaking to comply with the court's direction, he would be welcome back to participate in the hearing.
However, the teacher had not taken up that offer.
He was also given the option of observing the proceedings via a video link, but it is not known if he has tuned in.
After considering the email from Mr Burke, the judge said the teacher was "trying to win a soccer match by running off with the ball" when in reality "the game continues with a new ball."
Noting Mr Burke's behaviour in court on Tuesday, the judge added that he had tried to be fair to Mr Burke, but sometimes "You have to call a spade a spade" and "not be polite" about matters.
He had complained that certain documents had been tampered with, while he was not given other material that he said he was entitled to.
The Evangelical Christian stated in his email that his concerns about the documentation had not been properly dealt with by the judge, and he complained about the judge describing the application as "stupid and flimsy" and a waste of time.
He said that the judge had said he could only take part in the case if he accepted the court's ruling in relation to the documents.
"It is not possible for me to accept this. It is unacceptable that the judge would proceed with the trial in full knowledge of the alteration and suppression of basic documentation and records by the board of management"
"I am gravely concerned by the actions of the judge in this matter. I have been unjustly barred from the trial and have been denied a fair hearing of the matter."
Counsel for the school Mark Connaughton SC said that the court had fully accepted the school's explanations to Mr Burke's complaints and had rejected the "poisonous" description of those representing Wilson's Hospital.
However, the school had also given Mr Burke certain additional material that he was not entitled to, in an attempt to progress matters, but this had not been accepted by Mr Burke.
In his submissions to the court, Mr Connaughton said that steps taken by the school in the disciplinary process were perfectly and procedurally valid, and the school was entitled to place the teacher on administrative leave in August 2022.
The then principal Ms Niamh McShane would have been failing in her duty if she did not consider Mr Burke's behaviour at two school events in June 2022 and could be deemed to be to gross misconduct.
It was the school's board, and not the Principal, who took the decision, following a meeting that Mr Burke attempted to "torpedo," to suspend Mr Burke.
Counsel said that even if the court was to find against the school in relation to the disciplinary process, he said that Mr Burke's overall behaviour was such that the school would be making submissions on any orders the court would make in that scenario.
At every stage of the process, counsel said that the teacher was fully aware of the disciplinary process.
In its action, the school seeks various orders against the teacher arising out of its decision to suspend him in August of last year following an allegation he had engaged in gross misbehaviour.
Following his release from prison, where he had been sent following his refusal to comply with a court order directing him to stay away from the school's campus, the school's board of management decided earlier this year that Mr Burke should be dismissed from his position.
Mr Burke, who denies any wrongdoing, has brought a counterclaim claiming that the disciplinary proceedings 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.
He claims the school's action against him arises out of his objection to transgendarism, and in particular a direction by the school in May 2022 to refer to a student in the school who wished to transition by a different name and pronoun.
The hearing continues on Friday afternoon.
READ NEXT:
Garda probe under way as 'very good man' dies after Dublin city altercation
Paul O'Grady 'died in his bed' as friend shares details of final moments
Alleged Hutch lieutenant tells CAB he's unemployed sweet shop owner
'Eye-catching' bets put RTE's Doireann Garrihy in the picture for Late Late job
Student refuses to go back to school after being sent home for 'lingerie' outfit
Get news updates direct to your inbox by signing up to our daily newsletter here
