It is day four of Wilson’s Hospital School's High Court case against Enoch Burke.
Lawyers for the school will deliver their closing speech today - unless Mr Burke decides to purge his contempt in order to re-engage with proceedings.
Mr Burke hasn’t been inside the courtroom since he was held in contempt on Monday morning.
Newstalk Courts Correspondent Frank Greaney is tweeting the proceedings:
Sin é.
The hearing is over. Judgement will be delivered at a later date.
In the meantime, the orders refraining Enoch from attending at the school shall remain in place.
— Frank Greaney (@FrankGreaney) March 31, 2023
Enoch claims he was denied his right to freely express his views and freely practice his religion.
Mr White SC says:
"There is no question of any disciplinary action being taken against him (Enoch) in relation to his views."
— Frank Greaney (@FrankGreaney) March 31, 2023
Enoch claims he was denied his right to freely express his views and freely practice his religion.
Mr White SC says:
"There is no question of any disciplinary action being taken against him (Enoch) in relation to his views."
— Frank Greaney (@FrankGreaney) March 31, 2023
After spending hours on his feet today delivering final submissions on behalf of Wilson's Hospital School, Mark Connaughton SC has resumed his seat and handed the baton over to his friend, Alex White SC, who will address Enoch's claims of a breach of his constitutional rights.
— Frank Greaney (@FrankGreaney) March 31, 2023
Re: Enoch's claim he was denied his right to fair procedures, Mr Connaughton SC says:
"Taking all material into account, there was no deficit in fair procedures by virtue of the fact that the principal's report expressed her view and was, in effect, no more than an allegation."
— Frank Greaney (@FrankGreaney) March 31, 2023
Court back in session.
Mark Connaughton SC is making submissions in relation to some of the legal issues at play.
— Frank Greaney (@FrankGreaney) March 31, 2023
As we approach the lunch bell, Mark Connaughton SC tells judge he doesn't even know what time it is.
In my experience, time is a loose and abstract concept in the High Court.
It's 1pm.
Judge decides it's time for lunch.
— Frank Greaney (@FrankGreaney) March 31, 2023
Judge told Enoch has gone again.
— Frank Greaney (@FrankGreaney) March 31, 2023
Here we go. Judge returning to court.
— Frank Greaney (@FrankGreaney) March 31, 2023
Court has risen.
Before he left, Mr Justice Alex Owens asked for a message to be relayed to Enoch and Ammi.
The message 👇
"If they wish to come in and given an undertaking to abide by court directions, they're more than welcome to come in and they court will hear from him."— Frank Greaney (@FrankGreaney) March 31, 2023
Enoch and Ammi Burke are outside the Four Courts.
— Frank Greaney (@FrankGreaney) March 31, 2023
Mark Connaughton SC is at pains to point out that Enoch never engaged with the process, in his opinion.
He references 'the Bart Simpson approach.'
Now, I don't remember studying this back in my NUIG Law days but it was also mentioned during the recent Gerry Hutch trial.
🧵— Frank Greaney (@FrankGreaney) March 31, 2023
Returning to the Principal's report that fed into the Board of Management's disciplinary hearing, Mr Connaughton SC says:
"She compiled it in good faith and with no animosity. There's no evidence of any sullying or tainting (by her) of the independence of the board."— Frank Greaney (@FrankGreaney) March 31, 2023
In relation to disciplinary hearing that led to Enoch's dismissal, Mr Connaughton SC says:
"It was properly convened... he was afforded the opportunity of presenting his own case...
"What instead occured was an attempt to completely torpedo the conduct of that meeting."— Frank Greaney (@FrankGreaney) March 31, 2023
Mark Connaughton SC (for the school) wades in too by taking exception to Enoch's claim that he was "barred."
He notes that Enoch was welcome to come back provided he accepted the court's directions.
He says his solictors sent Enoch multiple emails outlining as much.— Frank Greaney (@FrankGreaney) March 31, 2023
Judge's final comment is telling in terms of his views on Enoch's motivation for sending the "big, long email."
He says:
"This is obviously a preliminary letter for some other onslaught against me.
"He should have turned up here to deal with it in a civilised way."— Frank Greaney (@FrankGreaney) March 31, 2023
After reading "big, long email," Mr Justice Alex Owens says:
"I reject emphatically all the points made by him. I repeat... his conduct was completely and utterly unacceptable.
"Sometimes, a judge needs to be direct. I believed I was being treated unfairly..."
🧵— Frank Greaney (@FrankGreaney) March 31, 2023
Enoch goes on to accuse John Rogers (Chairperson) of "evading subpoena" to give evidence at this trial.
He says he went to Mr Rogers' home to serve him personally. He spoke to his wife who "was not at liberty" to tell him where her husband was.— Frank Greaney (@FrankGreaney) March 31, 2023
In email, Enoch claims he was a denied a fair trial.
He references judge's comment about "holding all the cards" as well as comments about "flimsy and stupid arguments" being made by Enoch.
He says those comments were widely reported in national media. (Guilty, your honour)— Frank Greaney (@FrankGreaney) March 31, 2023
Mr Justice Owens now reading out "big, long email."
Enoch begins email by saying he was "barred" from hearing and then lays out his arguments (again) in relation to material being alleged "tampered with.
He accuses judge of laughing at him and mocking him.— Frank Greaney (@FrankGreaney) March 31, 2023
All rise... 📩
— Frank Greaney (@FrankGreaney) March 31, 2023
Before Enoch's "big, long email" came in, Mr Connaughton SC (for the school) was making the argument that Niamh McShane (Principal) was entitled to engage Stage 4 disciplinary action against Enoch.
🧵
— Frank Greaney (@FrankGreaney) March 31, 2023
He says:
"Stage 4 was the appropriate mechanism to pursue the matter further.
"She had no animosity towards him aside from her feeling that his behaviour was inappropriate..."
🧵
— Frank Greaney (@FrankGreaney) March 31, 2023
"She compiled her report of her account of events but it was for the board to decide how to deal with it.
"The overall tenure of her evidence was that she believed the matter could have been resolved."
— Frank Greaney (@FrankGreaney) March 31, 2023
Mark Connaughton SC says there's some dispute over Enoch's behaviour at the religious service in June.
But he urges court to accept evidence that Enoch's behaviour was "extraordinary and unacceptable" and that principal's decision to pursue the matter further was "reasonable."— Frank Greaney (@FrankGreaney) March 31, 2023
Mr Justice Alex Owens notices there are still some witnesses in court that Enoch had planned to call.
Given that Enoch's not here and didn't reply to another email sent yesterday, evidence is now over so the witnesses have been told they can go.
School's closing remarks now.— Frank Greaney (@FrankGreaney) March 31, 2023
Day 4 of Wilson's Hospital School V Enoch Burke.
Still no sign of Enoch...— Frank Greaney (@FrankGreaney) March 31, 2023
