The High Court has ordered that secondary school teacher Enoch Burke should be brought before the court to answer claims that he has breached a court order by attending the school where he used to work.
Wilson's Hospital School in Co Westmeath asked the court to jail Mr Burke, saying he had been attending at the school since it reopened after the summer, in breach of a permanent injunction directing him to stay away.
The court was told Mr Burke's continued presence at the school was stressful and disruptive for staff and students.
It was also told that the presence of unknown third parties outside the school and on the school grounds in support of Mr Burke posed health and safety issues for staff and students.
Mr Burke attended the school this morning for a short period but did not attend the court even though proceedings were adjourned on a number of occasions to give him the chance to be present.
His mother Martina and sister Ammi were in court.
Both were removed from the court for interrupting proceedings and continuing to speak despite being told by Mr Justice Barry O'Donnell that they had no right of audience and not to interrupt further.
The judge ruled that as a result of reading the affidavits put forward by the school, it was clear that Mr Burke had a case to answer in regard to being in contempt of court.
He said it was important that Mr Burke be brought before the court before any further orders were made as he said the court would need to hear what he had to say.
The judge asked the school's solicitors to let Mr Burke know that it would be the court’s preference that Mr Burke should attend court voluntarily rather than through any form of compulsion. And the sooner he was there the better, said the judge.
Judge O’Donnell said this was a step that was being taken with great reluctance and regret.
Barrister Rosemary Mallon, speaking for the school, said the school's lawyers would send the order to the garda station and would liaise with the local superintendent.
Mr Burke was sacked by the school in January last year but is appealing that dismissal. The appeal has not yet been heard.
He has spent more than 400 days in prison since September 2022 in two stints for breaching the High Court’s orders. He was released again in late June.
The situation has been described as being "without precedent" and being in "infinite deadlock".
The High Court had previously imposed a fine of €700 a day on Mr Burke for each day that he refused to comply with the injunction.
However previous hearings of the court have heard that the fine has not been paid and no measures have been taken against Mr Burke to force him to pay.
The court has also previously heard that Mr Burke continues to be paid his full salary pending the outcome of his appeal against his dismissal.
Before being removed from court this afternoon, Martina Burke told the judge this was "all because of transgender ideology". She asked if the judge wanted Mr Burke to affirm puberty blockers and the suicide of children and said it was a disgrace.
Ammi Burke said Mr Burke was being denied his constitutional rights. However Judge O'Donnell told her Mr Burke’s rights were being vindicated by allowing him an opportunity to address the court.
