Teacher Enoch Burke has asked the High Court to set aside what he claims is the "gravely flawed" and "unsound" order underpinning his on-going incarceration at Mountjoy Prison.
READ MORE - 'The most amazing thing about the Taoiseach's close encounter of the Burke kind... he was having a 99' Mr Burke argues that the judge stated in his ruling that it was "unnecessary for this court to determine claims by Enoch Burke that the school board interfered with his constitutional rights."
Counsel added that given that the school holidays have commenced, and state exams are due to finish in the coming weeks, the school would not object to any order releasing Mr Burke from prison without him purging his contempt.This matter could be reviewed again when the new school year commences in late August.
The judge said the normal course of events is that any party unhappy with a judgement of the High Court can appeal the decision to the Court of Appeal. He was also critical of the court for not dealing with his application to set aside the judgement which has put him in prison alongside "murderers", "thieves" and "bank robbers."
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 "transgendarism."
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