A JUDGE HAS said that former teacher Enoch Burke waited too long to appeal a 2023 injunction that requires him to stay away from Wilson’s Hospital School.
Burke has spent more than 600 days in prison for refusing to obey the injunction and had asked for an extension on the time given to appeal.
A person is normally required to file an appeal against a High Court decision within 28 days of the order being perfected.
High Court Judge Alexander Owens said Burke’s view that the injunction was ‘unconstitutional’ makes it “all the more remarkable” that he did not appeal the decision in time.
Burke had argued that it took him almost three years to make an appeal because he was engaged in other proceedings against the Disciplinary Appeals Panel about his dismissal.
It was ruled in May 2023 that Burke’s suspension by Wilson’s was lawful after he voiced objections to a request by the school’s principal to refer to a student, who was transitioning at the time by a different name and pronouns.
Burke has consistently claimed that the direction was a breach of his rights, and his religious beliefs, under the constitution.
In July 2023, Judge Owens also made an order restraining Burke from trespassing at the premises of the school in Multyfarnham, Co Westmeath, but said that the German and History teacher was not prevented from attending outside the school gates.
It was decided today that Burke should not be allowed to proceed with an appeal of the injunction, particularly as his argument is related to a technicality.
Judge Owens said that Burke had defied court orders and the board by attending the school following his suspension.
He said today that Burke “does not get to pick and choose” which court orders he obeys.
It was found that it would not be “in the interests of justice” to extend the time for an appeal “which has no prospect of success, as there is no arguable ground of appeal”.
Judge Owens said: “He has been imprisoned because he chooses not to obey the order of the court – the very same court which he now expects to come to his aid and uphold his allegations of breach of his constitutional rights, notwithstanding his refusal to contest the original trial or to appeal the judgment of the court.”