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News (Media Awareness Project) - Ireland: Schoolboy Suspended For Smoking Cannabis Wins
Title:Ireland: Schoolboy Suspended For Smoking Cannabis Wins
Published On:2001-01-06
Source:Irish Examiner (Ireland)
Fetched On:2008-09-02 07:04:34
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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