Evangelical Christian teacher Enoch Burke has been jailed for the third time over his refusal to comply with a court order and stay away and not trespass at Wilson's Hospital School in Co Westmeath.
Mr Burke was sent back to Mountjoy Prison by Mr Justice Michael Quinn, during Monday's vacation sitting of High Court, for breaching the terms of an injunction granted by Mr Justice Alexander Owens last year.
That order was never appealed and remains in place, the judge said.
In his ruling the judge said that "conclusive evidence had been put before the court," which was not denied, that Mr Burke had breached the terms of the injunction. The judge said that Mr Burke had attended the school on multiple occasions since August 22nd last.
In light of the teacher's ongoing contempt, the judge ordered that Mr Burke be committed to Mountjoy Prison, and adjourned the case for a review to October 11th next.
Mr Burke can purge his contempt and secure his release from prison at any time before the matter is returned before the court, the judge added.
The judge said he was taking into account evidence from the school's acting Principal, John Galligan and Chairman of its board of Management Mr John Rogers that Mr Burke's ongoing and visible presence at the school was disrupting its staff in how they go about their day-to-day duties to its students.
Mr Burke was brought to court on Monday evening following his arrest at the school's campus that afternoon.
Mr Burke, who was accompanied by members of his family including his parents, Martina and Sean Burke, said that he was being jailed by the courts over his refusal to accept "the hellish ideology of transgendarism".
During his submissions to the court, Mr Burke accepted that the judge would send him back to prison.
He added that he had been denied his rights as a Christian by the school when he said it "commanded" him to call a male student as 'they'.
Quoting the Book of Genesis and the Gospel According to St Matthew to reaffirm his Christian beliefs regarding gender, the teacher said that the case before the court amounted to "a mockery of justice," and accused several parties including members of the judiciary of telling lies about what the case is about.
He claimed that the truth about the case, namely that the litigation is all about his opposition to transgendarism, was being "trampled into the ground" but added "that the truth will rise up again."
After the judge ordered that Mr Burke be sent back to prison, the teacher said that he would "have to answer to God."
During the course of the hearing, members of Mr Burke's family, who were also critical of Mr Justice Quinn, called on the judge to read a August 2022 report from the school's former Principal, Ms Niamh McShane, which they claimed showed what the case was all about.
The judge noted that the report had been considered at another hearing of the case, and reminded Mr Burke that the only business before him was if Mr Justice Owens' order had been breached by the teacher.
Late last month, the school's board of management sought orders for the teacher's attachment and committal due to Mr Burke's alleged ongoing refusal to comply with High Court orders requiring him to stay away from the school.
The school said the teacher had attended every school day at Wilson's Hospital since August 22nd last, which it said was "disruptive" to staff and students.
Rosemary Mallon Bl for the board told the court that the school's board has become concerned after the latest breaches of the terms of the injunction which prevents him from trespassing at the facility.
Counsel said her client did not want to engage in any further litigation with Mr Burke, however it believes that unless committed to prison he will continue to attend at the school.
Despite being jailed on two previous occasions, and been fined by the courts, the school said that he has no intention of complying with the injunction, counsel said.
The school was particularly concerned over an alleged incident where it is claimed that Mr Burke entered into a room in the school's main building where teachers were holding a staff meeting in respect of the school's Transition Year class.
Counsel said that another concern was that other 3rd parties, who are not journalists and are believed to be supporters of Mr Burke have also started attending at the school.
The German and History teacher was released from Mountjoy Prison, where he has spent over 400 days in two different stints, in late June without purging his contempt.
However, he was warned at the time by Mr Justice Mark Sanfey that the courts would have "no hesitation" in sending Mr Burke back to prison if he was again found to have breached the court's order.
The teacher has been in an ongoing legal dispute with Wilson's Hospital over what he claims was his refusal in 2022 to comply with the school's direction to call a then student by a different name and use the pronoun "they".
Throughout this legal battle Mr Burke has claimed that he has been imprisoned because he was being punished for his religious beliefs and his opposition to "transgendarism."
The teacher denies all claims of wrongdoing against him and says that his constitutional rights were breached by the school's direction that he refers to a student by a different gender.
Mr Burke was last jailed in early September 2023 over his refusal to comply with the permanent injunction, made the previous May by Mr Justice Owens.
He did not appeal that order to the Court of Appeal but did make an application earlier this year to the High Court seeking to set aside the injunction on the grounds that it was flawed and unconstitutional.
That application was dismissed by the High Court.
During his first stint behind bars, he spent over 100 days in Mountjoy between September and December 2022.
Following his suspension from his teaching position in August 2022, Mr Burke was sued by the school over his failure to comply with a previous court order which also required him to stay away from the school while he was suspended from his job.
He was released in December 2022 without purging his contempt.
He again started attending at the school after the Christmas holidays, and the High Court imposed a daily fine of €700 on Mr Burke.
However, arising out of his failure to stay away from the school when the 2023-24 school year commenced and considering Mr Justice Owens' order, Mr Burke was again jailed for contempt.
