The High Court has released teacher Enoch Burke from Mountjoy Prison.
Mr Justice Mark Sanfey ordered the teacher’s release, where he has been incarcerated since September over his refusal to stay away from Wilson’s Hospital School in Co Westmeath.
The judge said that following a review of the situation, and the fact State examinations are now completed and the school is on holidays, he was directing the teachers release.
The court did not require Mr Burke to purge his contempt and agree to comply with the terms of an order made against him last year, the judge said.
In that decision, Mr Justice Alexander Owens granted Wilson’s Hospital a permanent injunction restraining Mr Burke from attending at the school.
Mr Burke was jailed for contempt, for a second time, in September due to his refusal to comply with that order.
Overall the teacher has spent over 400 days in prison.
Mr Justice Sanfey expressed his hope that the teacher would use the time to reflect on the situation and warned the teacher that the injunction remains in place.
If there was any further breach of the order the judge said he would have no hesitation in entertaining a fresh application by the school to have Mr Burke committed back to prison.
After the court made its order, Mr Burke left the Four Courts with members of his family.
Mr Burke had appeared before the High Court as part of his bid to set aside what he claims is the “gravely flawed” and unconstitutional” order made by Mr Justice Owens.
The judge heard submissions from both the teacher and the school over whether the court has the jurisdiction to entertain an application by the teacher to have a judgment by Mrs Justice Owens set aside.
Following the conclusion of what were somethings heated interactions between the judge and Mr Burke, Mr Justice Sanfey reserved his judgment and said that he would give his decision in the coming weeks.
Mr Burke has denies that he is in contempt of court, and says he has wrongfully been imprisoned because of his objections to “trangenderism” following a direction by the school to call a then student by a different pronoun.
