A judge has ordered teacher Enoch Burke to appear before the High Court over his alleged failure to stay away and not trespass at Wilson's Hospital School in Co Westmeath.
The school's board of management has sought orders that could see the teacher jailed for the third time due to Mr Burke's alleged ongoing refusal to comply with High Court orders requiring him to stay away from the school.
The school claims that the teacher has attended every school day at its campus since August 22nd, which it claims is "disruptive" to staff and students.
Mr Justice Barry O'Donnell, during Friday's vacation sitting of the court, said that Mr Burke "clearly has a case to answer" in relation to the school's claims that he is breaching an injunction granted by Mr Justice Alexander Owens last year.
The judge, having been satisfied that Mr Burke was properly made aware of the school's latest application in what has been protracted litigation between the parties since August 2022, granted the school an order that Mr Burke be brought before the court by gardaí to answer his alleged contempt.
Mr Burke was not present in court on Friday, but his mother, Martina Burke, and Mr Burke's sister Ammi were in the courtroom.
During the brief hearing, the judge directed members of An Garda Síochána to remove both individuals after they attempted to interrupt the judge.
The judge, who said that the case has a history of interruption and disruption, said that neither had a right of audience in the case and that the court would not tolerate any such behaviour.
However, after both individuals insisted on addressing the judge, he ordered their removal from the courtroom.
The judge also said that he was only making an order directing that Mr Burke be brought before the court and no further orders in the matter at this point in time.
It was preferable that Mr Burke attend court voluntarily rather than be brought before it following his arrest by gardaí.
It is not known when Mr Burke will be brought before the court.
Seeking the order, Rosemary Mallon BL for the board said that since last Thursday, August 22nd, the school's board has become most anxious after Mr Burke started attending the school, in breach of the terms of the injunction which prevents him from trespassing at the facility.
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 third parties, who are not journalists and are believed to be supporters of Mr Burke have also started attending at the school.
Counsel said that the school was bringing its latest motion with great reluctance but was doing so because it believes that it has no other alternative other than seek Mr Burke's attachment and possible committal to prison.
Mr Burke, despite being jailed twice, and being fined by the courts, has no intention of complying with the injunction.
It had contacted gardaí about Mr Burke's presence at the school, but claims that it was told by gardaí that they could not intervene as it was a civil matter.
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 "transgenderism."
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 Alex 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.
