Images have emerged of Enoch Burke leaving Mountjoy Prison this evening
The judge said the only threat to Mr Burke’s continued freedom would be if he again breached a High Court order.
Mr Burke told Mr Justice O'Moore he could not participate in the process as to do so would be to agree that he was lawfully incarcerated.Mr Burke described his suspension from work as manifestly unlawful and said the High Court orders enforcing his suspension were also unlawful.Mr Burke insisted that everything went back to a demand by his then principal in May that he addressed a male student by they.
Ms Mallon said the school had not recommenced the disciplinary process against Mr Burke because of the ongoing legal proceedings. The judge said the court would not enable someone found in contempt of court to garner some advantage from that defiance.Mr Justice O'Moore noted that alternative measures, including financial sanctions, could be imposed on a person in contempt of court.
He said complying with the court’s orders did not in any way compromise Mr Burke’s religious beliefs or require him to do anything in violation of those beliefs.He said no religious conviction was violated by having to stay at home or compromised by having to refrain from entering private school property.
Mr Justice O’Moore said that the fact that Mr Burke continued to refuse to comply with the court’s order, did not automatically mean he was to stay in prison indefinitely.He said it was open to the court at any time to review a coercive order. He said a factor that must be considered is what useful purpose was to be served by having Mr Burke incarcerated now.
The school had paused the disciplinary process. Mr Burke was on full pay and was likely to remain on it for the foreseeable future as the school showed no sign of reactivating the process.If the Court of Appeal did not find in his favour, it was possible that Mr Burke would ask the Supreme Court to intervene.
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