Burke is to remain in prison after he refused on Wednesday to give a court undertaking not to trespass at his former workplace, Wilson’s Hospital School.
Burke’s case was reviewed by Judge Brian Cregan, following significant developments in his dispute with the school last month.
The court was told last month that Burke was formally dismissed for gross misconduct after a Disciplinary Appeal Panel (Dap) said his challenge to his dismissal failed.
In circumstances where a scheduled hearing of Burke’s challenge did not go ahead due to Burke’s disruptive behaviour, the Dap said his grounds for review of his dismissal were “not made out”.
Separately, the Court of Appeal last month dismissed Burke’s bid to bring a late challenge to a High Court judgment that found he was validly suspended from his job. It was on foot of that May 2023 judgment that Judge Alexander Owens banned Burke from attending at the school.
The school suspended and later dismissed Burke over his conduct towards then-principal Niamh McShane at a school religious event in June 2022.
The confrontation arose in circumstances where McShane had earlier directed teachers to address a student by a new name and with the pronouns “they” and “them”.
Burke, an evangelical Christian, has maintained this request went against his religious beliefs.
Burke has repeatedly breached the order to stay away from the school. He is now incarcerated over this contempt of court and has spent about 700 days over separate spells in jail.
At Wednesday’s hearing, Burke, appearing via video-link from Castlerea Prison, said he did not agree with the Court of Appeal judgment.
Acknowledging that he did not agree with the decision, Cregan asked Burke if he accepted the judgment.
Burke said he maintained that his suspension from the school was unlawful, adding that he will “never accept” that his Christian beliefs “can be set forward as gross misconduct”.
Noting Owens’s order continues to be valid, the judge asked Burke if he was prepared to give a court undertaking not to trespass at Wilson’s Hospital School.
Burke replied by stating his suspension was “manifestly unjust”, and criticised the Court of Appeal’s judgment.
Asked again by the judge if he was willing to give an undertaking, Burke sought to raise complaints with the Dap process.
Repeating claims made at last month’s hearing, Burke complained of an alleged conflict of interest on the part of the Dap chairwoman, solicitor Claire Callinan.
Burke also claimed the judge engaged in a “display of partiality” during that hearing by asking the school’s lawyers to read on to the court record the Dap’s report effectively dismissing his challenge.
The judge rejected this, stating that he needed to have an understanding of the grounds on which Burke’s challenge was dismissed or not proceeded with.
Asked if was going to challenge the Court of Appeal’s decision, Burke said that was a matter for him to consider.
Noting Burke’s continued refusal to purge his contempt of the order banning from the school, Cregan said Burke’s imprisonment should continue.
The judge directed the school, the Department of Education and Department of Finance to submit written evidence on various issues, including affidavits outlining information on fines incurred by Burke over his trespassing at the school.
The court previously imposed daily fines on Burke over his contempt of the trespass order.
Kane Kavanagh-Baer, barrister for the Department of Education, confirmed that Burke had been removed from the department’s payroll and had received his last payslip.
The judge adjourned the matter for three weeks.