Mr Justice Mark Sanfey directed that Mr Burke be freed from the Dublin prison, where he has been incarcerated since September.The judge said that following a review of the situation, the fact examinations are now completed and the school is on holidays, he was directing the teacher's release.
The school had also obtained a High Court injunction requiring him to stay away from the premises during his suspension.Mr Burke was jailed for contempt, for a second time, last September due to his refusal to comply with that order.In his ruling, Mr Justice Sanfey expressed hope that Mr Burke would use the time to reflect on the situation and warned the teacher that the injunction remains in place.
Alex White SC for Wilson's Hospital School said the school "fully rejects" the suggestion that Mr Burke's constitutional rights were breached. After he was suspended, he continued to turn up for his timetabled hours and so a court injunction was put in place to try to stop him from doing so.
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