Enoch Burke to stay in prison over Christmas after refusing to purge ...

Mr Burke said compliance with the order would be like "giving up" his religious beliefs and an endorsement of transgenderism.

During the hearing, Mr Burke and members of his family were directed by the judge to leave the courtroom for interrupting the court.

The judge rose from the bench five times during the hearing.

Mr Burke and his family voiced their strong criticisms of several judges who have considered and ruled on aspects of the ongoing legal battle as well as lawyers representing the school board.

The media was also criticised by members of the Burke family.

In submissions to the court, Enoch Burke said that he was in prison because of decisions made by various judges.

He said he had now spent over 200 days in prison with drug dealers and murderers over his refusal to accept a direction from the school to address a student by a different pronoun.

Mr Justice Sanfey told the teacher the court was only concerned with whether the teacher was prepared to purge his contempt and give an undertaking to stay away from the school, which would secure his release.

'Disrespectful to the court'

Mr Justice Sanfey also told Mr Burke he "didn't like being talked over" as it was "disrespectful to the court."

Mr Burke said he had a right to make submissions to the court, continued with his criticisms of various parties, and asked the court if it was concerned about judges "who should not be" in the positions they held, and questioned their appointments and promotions.

The judge said Mr Burke may well have issues regarding decisions made by other members of the bench in relation to the dispute.

There were other forums where such concerns could be addressed, the judge said, however, Tuesday's review of the teacher's imprisonment for contempt was not one of them.

Counsel for the board Rosemary Mallon Bl, who rejected the personal criticisms made by Mr Burke, said her client was "reluctantly" asking the court to maintain the "status quo" by keeping Mr Burke in prison until he is prepared to abide by the order to stay away from the school.

The judge, who said it was clear Mr Burke was not prepared to comply with the court's order, ruled the teacher remain incarcerated until he is prepared to purge his contempt.

Mr Burke can come to court at any time and give undertakings that will secure his release, the judge added.

The judge said Mr Burke and members of his family had engaged in an orchestrated campaign designed to disrupt the proceedings before him.

Such behaviour, as well as the flagrant breach of court orders, the judge added "won't be tolerated."

The matter was adjourned to a date in February for further review.

Mr Burke was jailed for the second time last September after the school's board asked the court for orders to jail the teacher over his deliberate failure to comply with a permanent injunction restraining him from attending at the school granted by Mr Justice Owens in July.

The board claimed Mr Burke had attended at Wilson's Hospital campus every day since the 2023-24 school year commenced in August.

'Severe disruption'

The school board alleges Mr Burke's presence at the school had caused "severe disruption for staff and students". That claim is denied.

In September, Mr Justice Mark Heslin ruled Mr Burke had "flagrantly breached" the orders requiring him to stay away from the school and ordered he be committed to prison "indefinitely," until he purges his contempt.

Mr Burke, who is separately appealing a decision by the school to dismiss him from his post as a German and history teacher, has argued he is in prison because of his opposition to 'transgenderism'' and Mr Justice Owens' order is invalid.

Mr Burke has also accused the court of failing to recognise his constitutional rights to religious freedom and that those rights were breached when the school instructed him to refer to a male student by a different pronoun.

During his first stint behind bars, he spent over 100 days in Mountjoy between September and December of last year.

Following his suspension from his position at the school in August 2022 Mr Burke was sued by the school over his failure to comply with a court order requiring him to stay away from the school.

Twelve months ago, he was released shortly before Christmas by Mr Justice O'Moore, without purging his contempt.

He again started attending at the school after the holidays, and the High Court imposed a daily fine of €700 on Mr Burke.

Mr Burke has also brought a challenge against the three-person panel of persons appointed to hear his appeal against his dismissal from his teaching position.

Judgment is awaited in those separate proceedings against the panel.