Overview
- A three-judge Court of Appeal panel refused Burke’s application for a stay, clearing the way for the disciplinary appeal to proceed on Saturday.
- The court said the Disciplinary Appeals Panel has a legal duty to determine the case and must reach its own conclusions rather than treating earlier Court of Appeal comments as facts.
- Burke argued two appellate judgments conflict on the basis for the school’s disciplinary action and indicated he seeks a Supreme Court ruling before the appeal is heard.
- Costs were awarded against Burke, who was returned to prison after the hearing as he remains incarcerated for repeated contempt of a court order restraining his attendance at the school.
- A newly constituted panel will hear the dismissal appeal after Burke previously succeeded in challenging the first panel’s composition, and he remains on the Department of Education payroll pending the outcome.