Speaking via a video link from Mountjoy Prison Mr Burke said that he was concerned that the action, which he said could prejudice his on-going proceedings against his employer, not be left to ‘drag on’
Arising out of the article he had sought an order under Section 33 of the 2009 Defamation Act, seeking to have the article removed and that it not be republished.
The defamation case, where he has sued parties including Mediahuis Ireland, returned before Ms Justice Eileen Roberts at the High Court on Monday. Once it is formally lodged he said that defendant has eight weeks to lodge their defence to his claim. He said he was concerned by the story, which he said was “made up”, and had been widely circulated and read, and was damaging to his professional reputation as a teacher.
Counsel said that it was not on notice of Mr Burkes application regarding the pleadings in the defamation action.The judge said that if no defence was lodged within eight weeks, then he was perfectly entitled to bring a motion seeking judgment in default of a defence.