A High Court judge has said he wants the underlying legal dispute between jailed teacher Enoch Burke and his employer heard and determined as soon as possible.
On Friday morning, Mr Justice Brian O'Moore made directions while case managing the action between Mr Burke and Wilson Hospital's School in Co Westmeath regarding Mr Burke's suspension from his teaching position in August.
Mr Burke's refusal to comply with his suspension, and the terms of a subsequent High Court injunction obtained by the school, resulted in his incarceration last month for being in contempt of court.
The injunction obtained against Mr Burke, which prevents him from attending at the school pending the outcome of a disciplinary process, is to remain in place until the High Court has decided the matter.
Mr Burke, who claims the dispute centres on his opposition to transgenderism, says his suspension is unlawful and that his jailing amounts to a breach of his constitutional rights.
His case came before the High Court on Friday when Mr Justice Moore put a timetable in place for the exchange of legal documents in the full hearing of the action between the school and Mr Burke.
The judge said he was doing this as part of a practice to ensure cases involving complex legal issues, or which involve the incarceration or persons for contempt and the seizure of assets, get heard by the courts as early as possible.
After putting in a timetable for the exchange of legal documents between the parties in place, the judge said while he was not fixing a hearing date at this stage he hoped to fix a date for the hearing of the action either before Christmas or early in the New Year.
The judge adjourned the matter to a date in November when it will be mentioned and reviewed by the court.
Hurry to fix date
Representing himself, Mr Burke questioned why there was such a hurry to fix a date for the hearing of the dispute between him and the school over his suspension.
He said he wanted the Court of Appeal to first determine appeals against High Court orders including the granting of the temporary ex-parte injunction against him, and the subsequent decision to keep the injunction in place pending the final hearing of the matter.
He said that if he succeeds in his appeal against those orders the main action would become moot.
He also has appealed against the High Court's dismissal of applications brought by him aimed at setting aside his suspension from the school.
Mr Burke has not appealed the High Court orders committing him to prison for contempt.
In his submissions to the court, Mr Burke was critical of the High Court judges who made rulings against him and said they had failed to vindicate his constitutional rights to freedom of expression and freedom of religion.
He also said that the directions would adversely impact his appeal, in which he said he was seeking a priority hearing.
Rosemary Mallon BL, for the school, said her client was agreeable to the timetable suggested by the court.
In reply to Mr Burke, Mr Justice O'Moore said that in his significant time both as a lawyer and a judge he had never come across any party who did not want a case before the superior courts to get an expedited hearing.
He said he had made his decision in regard to the timetable for the exchange of legal documents and told Mr Burke "not to raise your voice at me," after Mr Burke had raised, supported by members of his family, his opposition to the judge's directions.
Alleged defamation
Mr Burke was also before the court in relation to defamation proceedings he intends to bring over an article published by the Sunday Independent last weekend.
He claims the article contained incorrect information about him and has damaged his reputation.
Ronan Lupton SC, for Mediahuis, told the court that following discussions between the parties, his client had taken the article off its website earlier this week following the receipt of a complaint on behalf of Mr Burke.
Counsel said his client planned to investigate the matter and was prepared to give the court an undertaking that it would not put the article back on its website without giving Mr Burke 72 hours prior notice.
Mr Burke, who the court heard intends to issue a writ over the article, consented to the newspaper's proposals.
Mr Justice O'Moore adjourned the matter.
