Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Help Keep Boards Alive. Support us by going ad free today. See here: https://subscriptions.boards.ie/

Westmeath school gets temporary injunction banning a suspended teacher from it's premises

1666769717276

Comments

  • Registered Users, Registered Users 2 Posts: 40,994 ✭✭✭✭ohnonotgmail


    Have you thought of any remedies other than prison that the judge could have used?



  • Registered Users, Registered Users 2 Posts: 33,779 ✭✭✭✭Princess Consuela Bananahammock


    Sure - as long as they are practical - but what can they do with a guy who openly says he'll defy the court order the moment he has a chance?

    Everything I don't like is either woke or fascist - possibly both - pick one.



  • Posts: 11,195 ✭✭✭✭ [Deleted User]


    why dont you say what you wish is happening or what you think might be happening


    the hints and halfdrops in your posts on this topic make it clear you think theres big things afoot but youve just kept coming up with quite silly speculation that always falls flat


    i just think it would be good if you said something clearly for once if you had something to say



  • Posts: 756 ✭✭✭ [Deleted User]


    Still replying to the post you hoped etc. Do you get tired of that? Ever?



  • Posts: 11,195 ✭✭✭✭ [Deleted User]


    right, thats enough responding to you then- gluck



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 31,326 ✭✭✭✭blanch152


    Two Irish MEPs think that NATO is at fault for Russia invading Ukraine. I have no problem dismissing them glibly. Senator Mullen would be of a similar category to be dismissed.

    Oireachtas members raise numerous things every day. One Senator once raising this case is of close to zero significance.



  • Site Banned Posts: 12,341 ✭✭✭✭Faugheen


    You've been asked by multiple people what other 'interventions' could have been used and you've refused to answer the question.

    Is it perhaps you know there aren't any other interventions but you won't acknowledge it?

    It's perfectly ok to say something when it hits the top of your head and then to subsequently realise that it wouldn't actually work/doesn't make sense.



  • Registered Users, Registered Users 2 Posts: 20,470 ✭✭✭✭Brendan Bendar


    The only folk who seem to think “other interventions” would be good are the legals and the gloamers who delight in spending other peoples money.

    Its very simple….refuse to comply with a court order it’s the ‘big house’.

    You know that before you start your fuuhkerry so should be no surprise.

    Lets stop mucking around with one of the few laws that are cut and dried in our country.



  • Posts: 756 ✭✭✭ [Deleted User]


    For clarity a number of posters here are blocked because of an inability to respond to the post made. I drew attention to questions raised in the legislature if imprisonment is always appropriate in contempt of court issues. To claim that there is some obligation on me to then offer alternatives is silly and absurd. It’s also lazy in the extreme. These posters can all use Google. The first link you will get is this:


    Apparently recommendations around the area made in 1994 have not been implemented. The report itself is from 2016. The idea that the law in the area is “cut and dried” is itself disputed by the judiciary in cases mentioned. Civil contempt of court is traditionally seems as coercive but it’s very basis as an indefinite punishment is seen differently from a legal and human rights perspective. The “legals and gloamers”.

    The very obvious basis of the current court case doesn’t need restating. Equally obviously at this stage Mr Burke’s stance has religious roots and he believes that those roots have at least as strong a footing in law as the opposing side. Most legal opinion disagrees with him both in the applicability of his argument in the contempt hearing and in any broader case. But, and here’s the thing for the churches, the loss of a case in the broader area is a loss for the whole structure of ethos and denominational education in Ireland. That raises the nightmare issue for the department of education and politicians about patronage as the model to deliver education.



  • Registered Users, Registered Users 2 Posts: 40,994 ✭✭✭✭ohnonotgmail


    what recommendations in relation to imprisonment for civil contempt are you referring to?



  • Advertisement
  • Posts: 756 ✭✭✭ [Deleted User]




  • Registered Users, Registered Users 2 Posts: 40,994 ✭✭✭✭ohnonotgmail


    I know you are. I am asking you what particular recommendations in the report are you referring to?



  • Registered Users, Registered Users 2 Posts: 11,867 ✭✭✭✭BattleCorp



    You have to break up what Burke did into two parts, the original acting the boll1x in the school and then the refusal to follow a high court injunction.

    Firstly, the acting the boll1x at the school dinner. While 95% of us on here think Burke acted like a d1ck, he is entitled to fair procedure. He is entitled to prepare his defence, have witnesses etc. Very hard to do that whilst he is behind bars. He has to be able to fully engage with the disciplinary process. And the fact that he is (pretty much) representing himself means that he doesn't have a legal team preparing and doing stuff for him while he's behind bars.

    And while I disagree very strongly with his actions, what he did to originally warrant the suspension probably wouldn't warrant dismissal in a lot of cases. He didn't assault anybody, he just shouted at the Principal like a jackass and followed her while shouting. While very bad behaviour, that might not be enough to be dismissed. And that's what the disciplinary process between the School and Burke is about, Burke's shouting etc. at the Principal.

    The second part is Burke not currently being able to do his job. Funny enough that has nothing to do with his jailing because he is currently suspended from his job. The being in jail part is immaterial because even if he was free, he'd still be on suspension until the original issue is dealt with.

    That issue will have to be a second disciplinary process if he survives the first disciplinary process.

    I think it will be a while yet before they get to sack him.



  • Posts: 15,801 ✭✭✭✭ [Deleted User]


    There is a very real risk for him that this all gets referred to the Teaching Council after everything is said and done. If it is, then it's likely he'll never teach in Ireland again



  • Posts: 756 ✭✭✭ [Deleted User]


    If you know that you know that to which the report referred. You don’t seem to understand that the report said that. I’m drawing attention to what the report said.



  • Posts: 756 ✭✭✭ [Deleted User]


    I think you’ve drawn attention to an important point about his actions at the event (and we’re all reliant on published accounts) and from that how opinions differ about how serious a sanction should follow. Workplaces differ and schools differ. The key thing though is that schools are about kids and in this case his actions impacted on a vulnerable young person. More might be expected.



  • Posts: 756 ✭✭✭ [Deleted User]


    I’m not up to speed on decisions there. I saw a recent case of someone struck off for forging qualifications. Any TC action will probably have to wait until all the disciplinary hearings and likely legal follow up are done and dusted. There will be great ironies if he is struck off as a result of refusing to uphold ethos of the school.



  • Posts: 756 ✭✭✭ [Deleted User]


    If anyone is interested in looking at how CC is viewed by legal professionals there are a lot of things online.




  • Registered Users, Registered Users 2 Posts: 40,994 ✭✭✭✭ohnonotgmail


    said what exactly? the report says a lot, most of it about criminal contempt which isn't relevant. You are being your usual evasive self. Just come out with it and say what particular part of the report you are referring to.



  • Posts: 756 ✭✭✭ [Deleted User]


    It’s printed in black and white. Stop imagining evasion when all that’s needed is that you get on with it.



  • Advertisement
  • Posts: 15,801 ✭✭✭✭ [Deleted User]


    Nothing ironic about being struck off for harassing staff and humiliating children.

    Therein lies the crux of the issue with your posts, you see this as some grand legal challenge that he is mounting, everyone else, including the courts, see it for what it is, a nut job religious zealot refusing to follow simple instructions and suffering the consequences.

    On a side note, I wonder if he'll get cranberry sauce with his Christmas Dinner in the Joy



  • Registered Users, Registered Users 2 Posts: 40,994 ✭✭✭✭ohnonotgmail


    you still won't say what part of the document you are referring to. I can only conclude you didn't actually read it before you posted and hoped nobody would question it.



  • Registered Users, Registered Users 2 Posts: 33,779 ✭✭✭✭Princess Consuela Bananahammock


    Quoting the report; section 2:14 -

    In its 1994 Report, the Commission concluded that imprisonment as a coercive sanction should be retained in cases of civil contempt and felt that the term of imprisonment should continue to be open-ended but that it should also be possible to impose fines for civil contempt.

    Fines would be a waste of time in this instance, as we both know he'll head down to the school and take the hit. As far as I can tell, this is the only recommendation they make.

    Everything I don't like is either woke or fascist - possibly both - pick one.



  • Posts: 11,195 ✭✭✭✭ [Deleted User]




  • Registered Users, Registered Users 2 Posts: 20,470 ✭✭✭✭Brendan Bendar


    Yes, that’s the issue well explained.

    If there were similar simple outcomes to other issues, maybe we wouldn’t have the courts clogged up with spacers spending other peoples money,and legals screwing the taxpayer on a daily basis.

    There seems to be very little consequence to certain actions in this country, particularly when multiple repeat offenders are concerned.



  • Registered Users, Registered Users 2 Posts: 930 ✭✭✭csirl


    There is zero chance of him being struck off by the Teaching Council. They don't even have an investigations unit or any employed investigators.

    The only people who they've ever struck off are a small number of teachers who've been convicted of serious criminal offences.



  • Registered Users, Registered Users 2 Posts: 33,779 ✭✭✭✭Princess Consuela Bananahammock


    Maybe, but he'll be well known now and I'm not sure how many private CoI schools in the country that would fell that he'd fit in.

    Everything I don't like is either woke or fascist - possibly both - pick one.



  • Registered Users, Registered Users 2 Posts: 40,994 ✭✭✭✭ohnonotgmail


    The only school he fits in is the one his mother runs.



  • Posts: 756 ✭✭✭ [Deleted User]


    You’ve just revealed the crux of the issue alright: people who don’t understand posts and keep replying to their own imagined versions. It’s quite funny but sad too.

    Let’s explain the irony: Mr Burke has based his objections to the transgender accommodation of the school on religious ethos. He could end up being struck off for refusing to follow religious ethos if the school establishes, as it will, that it’s policy is in keeping with the CoI ethos. Geddit?

    Theres another irony in that because religious ethos was used years ago to fire a female teacher from a RC school as she was unmarried and living with a man. It seems that religious ethos can be weaponised for whatever the moment demands. Ironic, given that religion claims access to divinely revealed absolute truth. Oooops.

    You accuse me of seeing this as a grand legal challenge he is mounting. False. I’ll state as fact you either don’t read posts or don’t understand them. Everyone gets the CC stuff, the disciplinary stuff about the event. He’s going to CoA apparently on religious grounds, perhaps among others. If you don’t understand that fine but kindly don’t make accusations based on ignorance. You can look back through my posts on the last two pages and see that I stated the balance of legal opinion is that he will lose, even on those grounds. But don’t let facts get in the way of talking to your own version of them.



  • Advertisement
  • Posts: 6,559 ✭✭✭ [Deleted User]


    Voting to preserve and institute doesn't mean every member has earned the right to be respected.... Mullen is a religious extremist, Enoch is a religious extremist, bot have pretty questionable agendas. There are plenty of Irish politicians that deserve to be dismissed, the role doesn't impart some godly rights or anything. The Irish public have also voted around separating the executive branch and the judiciary. :)


    There was a scheduled hearing so exactly the place to present all of this. The school prioritised the well being of the students which Burke seemed to have no regard for. Also in absolutely every job, you would be facing suspension for that kind of behaviour. He is perfectly free to leave prison if he actually follows the orders of the court. Meanwhile you haven't presented any proof that the judge has done anything wrong beyond an annoyed Ronan Mullen and Lisa Chambers. Neither actually seemed to present any actual fault on the judge's part by the way. (Chambers said the charge of contempt of court was correct)



This discussion has been closed.
Advertisement