Enoch Burke told his appeal may not proceed if he remains in contempt of court

Mr Burke appealing injunction preventing him from attending at Wilson's Hospital school

Enoch Burke leaving the High Court on Monday afternoon. His appeal is due to proceed on Thursday. Picture: Collins Courts

The president of the Court of Appeal has warned dismissed teacher Enoch Burke that his appeal against an injunction preventing him from attending at Wilson's Hospital School may not be entertained if he remains in contempt of that order.

Mr Justice George Birmingham's statement was made hours after Mr Burke had again been physically removed from a court in the Four Courts by gardaí for interrupting proceedings before another judge.

Mr Justice Birmingham's comments were made days before Mr Burke's appeal against various orders and a decision made by the High Court last September, including the injunction preventing him from attending at the Co Westmeath school is due to commence.

The appeal which is due to proceed on Thursday forms part of Mr Burke's ongoing legal dispute with the Co Westmeath school which suspended him first before taking a decision to dismiss him from his role as a History and German teacher.

Mr Burke claims he has been wrongfully dismissed and suspended from his role.

He claims the school has breached his rights after sanctioning him over his refusal to comply with a direction from the school to refer to a student who wishes to transition by a different pronoun.

In advance of his appeal, Mr Burke and lawyers for the Co Westmeath school were directed to appear before the appeal court comprised of president of the court George Birmingham, Mr Justice John Edwards and Ms Justice Marie Whelan.

Mr Justice Birmingham said he wished to make a number of points to the parties about the appeal in advance of Thursday's hearing.

He said the hearing of the appeal should be concluded in one day, otherwise it could take some time before the same panel of judges could be reconvened to hear the balance of the matter.

The judge asked the parties to reach an agreement on how the time should be allocated.

The judge also said the court may not entertain the appeal.

This, Mr Justice Birmingham said, was because Mr Burke remains in contempt of last September’s court order directing him to stay away from the school.

Mr Justice Birmingham said Mr Burke's ongoing contempt, as well as his possible contempt after the hearing of the appeal before a judgement is delivered, was something the Court of Appeal would have to take in to account.

The judge said a scenario where somebody was appealing a court order, who themselves had not obeyed those orders would be a very "imbalanced situation".

It was one which the court "could not countenance", he added.

Mr Burke spent 108 days in Mountjoy Prison after he refused to purge his contempt and agree to stay away from the school. He was released without purging his contempt before Christmas.

However, he returned to the school premises in early January, resulting in the High Court imposing a fine of €700 for every day he remains in contempt.

When concluding his remarks, Mr Justice Birmingham said the Court of Appeal did not want to hear from the parties on the issues raised by it at this point in time.

The judge asked the sides simply to consider and reflect on the court's comments in advance of Thursday's hearing.

Neither lawyers for the school nor Mr Burke, who was accompanied to by his parents and two of his siblings, made any comment during the brief hearing before the appeal court.