Pubdate: Sat, 06 Jan 2001
Source: Irish Examiner (Ireland)
Copyright: Examiner Publications Ltd, 2001
Contact:  http://www.examiner.ie/
Author: Caroline O'Doherty and Ray Managh

SCHOOLBOY SUSPENDED FOR SMOKING CANNABIS WINS RIGHT TO GO BACK TO CLASSES

A SCHOOLBOY suspended for smoking cannabis is to be allowed back to school 
after a High Court judge ordered his principal to re admit him.

Fifteen year old David McKenna has already missed two months of classes in 
a row between school authorities over his future at Colaiste Raithin, an 
Irish speaking school in Bray, County Wicklow.

The High Court heard yesterday that the boy's principal, Gearoid O'Ciarain, 
had refused to take him back after a short suspension, despite a decision 
by Wicklow Vocational Education Committee that the suspension be lifted.

Mr Justice Aindrias O'Caoimh ordered Mr O'Ciarain to re-admit David as a 
pupil until there was a full hearing of the dispute.

David's mother, Nuala McKenna, last night said the family was greatly 
relieved that he was at last being allowed back to class after being kept 
out of school since October 23 last.

He is due to rejoin his classmates on Monday when the entire school returns 
for the new term after the Christmas holidays.

David got into trouble with three other boys after they were caught smoking 
cannabis while on a school trip to the Arran Islands last October. The 
court heard that the school board of management, of which Mr O'Ciarain was 
secretary, decided on October 23 to suspend David.

The board had also initially recommended expelling all four boys but met 
again on November 15 to reconsider its decision.

Following that meeting, David's parents were told the suspension was being 
lifted and their son was welcome back at school.

Counsel for the McKenna family, Mark De Blacam SC, said clarification was 
sought from Wicklow Vocational Education Committee and it was confirmed to 
David's father, Adrian, that his son was free to return. But when David 
went back to school on December 1, he was given a letter by Mr O'Ciarain 
saying that he could not accept responsibility for his return to class and 
that he was still suspended. Mr De Blacam told the court the VEC instructed 
Mr O'Ciarain to take David back but he refused to do so and the McKennas 
were now seeking an injunction restraining the principal from excluding 
their son.

Counsel for Mr O'Ciarain opposed the injunction but Mr Justice O'Caoimh 
granted it, directing that David be allowed attend school until a full 
hearing of the matter.

The case was adjourned to January 22 when the school board of management 
and the VEC have also been ordered to appear.
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