Burke may again be jailed if he breaches court orders, High Court hears
He said he was ordering the release of Mr Burke but only on the basis his school employer can come back to the court to seek his attachment and committal to prison, the sequestration of his assets or any other appropriate measure in the event that he does not comply with any court order.
Mr Burke was jailed on September 5th for contempt of court orders restraining him attending or teaching at Wilson’s Hospital School, Multyfarnham, Co Westmeath. At the outset, Mr Burke complained he had received an outline decision, not the final written judgment, concerning the judge’s refusal on November 7th to grant a stay, pending the hearing next February of his appeal over the court orders, on the hearing of the main proceedings between him and the school.
The judge said he did not want Mr Burke’s sympathies and asked for his submissions as to whether he should be released given the school’s closure during the Christmas vacation. “My only crime is that I had a religious belief and I would not sell it,” he said. What he wanted from the court was a “just” upholding of his constitutional rights and he could not participate in the process before the court on Wednesday [concerning his possible release] “in any form”.
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