Updated: 2.55pm
Siblings Enoch and Ammi Burke were physically removed from a courtroom in the Four Courts by gardaí on Friday after interrupting proceedings before a High Court judge.
Garda intervention was required when the siblings refused to leave the Chancery Court after they were deemed by the presiding judge, Mr Justice Brian O'Moore, to be interrupting the court's busy list.
The judge later criticised the Burkes' actions and said the best way to deal with their disruption, which lasted for two hours, was for "the court to get on with our business".
While Mr Burke's ongoing action with Wilson's Hospital School was not due to be heard, the Mayo man and his sister sought to raise an aspect of the case before Mr Justice Brian O'Moore, the High Court judge in charge of the busy chancery list.
Mr Burke said he wished to raise his concerns over the school's application to correct certain statements made in a document it is relying on as part of its ongoing legal action against him.
The matter had been due back before the High Court some weeks ago but had been put back to allow the sides time to make adequate preparations for the hearing of the application.
Mr Burke said the court had accepted the matter was urgent, and that four affidavits have been sworn on behalf of the school in respect of the application.
He said the court had emailed him about the matter some weeks ago, but he had heard nothing since and was very concerned about this, as he did not know when the matter would be back before the court.
In reply, Mr Justice O'Moore said the court was conscious of the matter and had intended to contact Mr Burke and the school regarding further directions in respect of the application to correct the statements.
Noting the lawyers for the school were not present and that the matter was not listed before the court on Friday, the judge said he would email updated directions to both the school and Mr Burke.
Out of courtesy to the parties, the judge said both sides would be emailed "at the same time" which the court expected would be sometime later on Friday.
The judge said he was not going to deal with the matter, nor any submissions Mr Burke wanted to make on this issue, as the court had a busy list.
Standoff
However, Mr Burke said this was "extraordinary" and continued to voice his concerns. Mr Justice O'Moore then rose from the bench.
The Burkes were then asked to leave the courtroom by court staff and a member of gardaí, but refused to do so.
This led to a temporary standoff and a cessation of court business. The Burkes did not accept that they were being in any way disruptive in court.
The judge did not return to the bench and shortly afterwards, the court registrar announced that the call over of cases had been adjourned for just over 45 minutes to 12.30pm.
When the judge returned to the bench, Mr Burke rose to his feet and insisted on re-mentioning matters as he had not finished saying what he wanted to say.
Mr Justice O'Moore said he would not hear Mr Burke any further on the matter, repeating that he would be emailed later on Friday, and directed a member of gardaí in the courtroom to remove Mr Burke for interrupting the court's business.
Both Mr Burke and sister continued to criticise the court, and Mr Burke was physically removed by two members of gardaí.
His sister remained in court for a time, claiming the judge had fled the courtroom, stating that what was happening was "a disgrace".
Ms Burke repeated her criticisms of the judge for some time, in a courtroom packed with lawyers, before she too was physically removed by gardaí.
Ms Burke removal was delayed until a female garda arrived in court, who assisted in the solicitor's removal.
Following the Burkes' removal, the court resumed its business, with the two siblings remaining outside the door of the courtroom, where they continued to criticise gardaí and the judge.
The Burkes, who were monitored by several gardaí following their removal from the courtroom, left the Four Courts around 2.15pm on Friday shortly after Mr Justice O'Moore had risen for the day.
The judge sat through his lunch hour to clear the backlog created by the disruption
'Groundless complaints'
Following the resumption, after a delay of almost two hours, Mr Justice O'Moore said the court had dealt with a large number of cases on Friday involving matters of great importance to a great many ordinary people.
The court, he said, had been disturbed by two individuals who felt entitled to turn up unannounced, with no notice to the other side.
He said they seemed to feel entitled to make groundless complaints and deliver abusive comments, adding that best response to such behaviour was to get through the court's business as planned.
He said people frequently talked about the importance of the rule of law, which can sometimes sound "tremendously pompous". However, in the real world, it was absolutely critical that people who wanted to go before a court should not be prevented from doing so by activities that should not take place.
Mr Justice O'Moore said many other parties had waited patiently in court for their cases to be heard while the operation of the list was disrupted.
Mr Burke and the school have been engaged in a court battle after he claims he was wrongfully suspended, before being dismissed from his job in January, and his constitutional rights breached over his objections to referring to a student at the school, who wishes to transition, as 'they' rather than 'he'.
The school suspended and, following a disciplinary process, purportedly dismissed the teacher due to the German and History teacher's alleged misconduct.
Arising out of his refusal to comply with a High Court order granted last September, Mr Burke was jailed for 108 days for contempt.
However, he has continued to attend the school's campus resulting in Mr Justice O'Moore imposing a €700 daily fine on him which amounted to €9,800 on Thursday.
In the most recent application before the court, lawyers for the school's board of management said it wants to correct issues including statements that a meeting last year at Wilson's Hospital concerning the wishes of a student who wishes to transition had been attended by that student's parents, where a request was made that the student be referred to by a different pronoun and name than before.
This is incorrect, the school says, as the meeting had only been attended by one of the student's parents.
In addition, counsel said it had been stated that the meeting had also been attended by the school's then principal, Niamh McShane. This was also inaccurate, the school said.
Two other staff members were present for the duration of that meeting, while the principal, who was aware of the meeting, was only in attendance for a brief period, the school claims.
Mr Burke has been informed of the school's application to correct the inaccuracies before the matter returns before the court.
Mr Burke's appeal against various High Court decisions made against him is due to be heard by the Court of Appeal later this month.
A review by the High Court of the ongoing contempt is due to take place at a later date which has not yet been specified.
