There were violent and chaotic scenes at the Court of Appeal today during the dismissal of Enoch Burke's application to set aside orders directing him to stay away from Wilson Hospital's school following his paid suspension from his teaching post.
Before the President of the CoA Mr Justice Birmingham was able to read out his decision the court was interrupted by shouting and roaring by members of the Burke family, who strongly criticised findings made by the court.
The Burkes, Enoch, his sister Ammi, parents Sean and Martina and brothers Isaac and Simeon were all physically removed by Gardai in what were violent and chaotic scenes before a courtroom full of members of the public including several secondary school students.
Despite being warned to desist, following a brief adjournment of the proceedings, the Burke family continued to verbally berate the court accusing it of "bowing to Transgendarism" and were worshiping "on the altar of Transgendarism."
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In light of the persistent interruptions the court rose and said it would deliver its decision by electronic means.
However, the Burke family then refused to comply with a direction to vacate the courtroom by members of An Garda Siochana.
The family, who became animated over a finding by the CoA continued to berate the judges calling them "a disgrace", accusing them of breaching the Burke's constitutional rights and refused to leave the Courtroom despite being directed to do so by the Gardai.
The Gardai were told by the Burkes they had "no right" to remove any of the family members from a public courtroom.
After several warnings were not complied with the Gardai attempted to physically remove the Burkes from the court. This resulted in violent and angry scenes before the Burkes were taken outside by the dozen or so Garda present in the environs of the courtroom.
One person was arrested then by Gardai after the family was removed from the courtroom.
In its judgement which was furnished after the court was cleared on Tuesday afternoon the three judge CoA comprised of the President of the CoA Mr Justice Bermingham, Ms Justice Marie Whelan and Mr Justice John Edwards unanimously rejected all grounds of the teacher's appeal.
The injunctions granted against him, which are to remain in place pending the determination of the action between the school and the Co Mayo native, were validly made and are lawful the CoA found.
Mr Burke had claimed that the orders, which underpin a finding that he was in contempt of court resulting in his incarceration for 108 days, are unconstitutional, invalids and should be set aside.
His failure to stay away from the school, currently on mid-term break, following his release resulted in the High Court imposing a daily €700 fine until he purges his ongoing contempt.
He had appealed against orders made by judges of the High Court last September, in a case he claims centres around his objection to the school's direction to refer to a student at the Co Westmeath school by a different name using pronoun 'they.'
Representing himself Mr Burke had argued in the appeal that injunctions made by Ms Justice Siobhan Stack and Mr Justice Max Barrett against him last September were invalid and that the school had not made out a fair or strong case that would justify the granting of the orders against him.
The school argued that the orders granted against Mr Burke are valid, and that he had been suspended due to his alleged conduct at the school in incidents that occurred at a religious service and subsequent meal at the school last year and should remain undisturbed.
Earlier this year the school decided to dismiss Mr Burke from his employment.
That decision is being appealed. The full hearing of the legal dispute between Mr Burke and the school over his suspension is due to be heard by the High Court at a later date.
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