Enoch Burke - DISMISSED

Secondary school teacher Enoch Burke has told an Appeal Court judge that setting a date in next February for his appeal is an "insult to the rule of law" and that the judge "shouldn't be in the chair".

During the hearing in the Court of Appeal this morning, Mr Justice John Edwards directed that Mr Burke’s mother, Martina Burke be taken out of the courtroom after she interrupted proceedings to say her son was "incarcerated because of corrupt judges".

The judge also made an order referring Mr Burke’s sister, Amii, a qualified solicitor, to the Law Society of Ireland for interrupting the case when she had no right to address the court but he rescinded that order a short time later.

Mr Justice O'Moore said in his ruling, which was delivered electronically that "it was difficult to avoid the conclusion that Mr Burke was exploiting his imprisonment for his own ends."

This the judge said was a reason why Mr Burke had taken such "an unreal view of what orders from the High Court actually mean."

It would explain why he resisted an early trial which could have seen him free now, or on the cusp of freedom, the judge said.

It would also explain why after 100 days in prison Mr Burke had rejected a proposal made to him earlier this week by Mr Justice Conor Dignam that could have led to his immediate release, Mr Justice O'Moore said.

The purpose of jailing somebody for contempt is to coerce an individual to obey a court order. This while unattractive, is true, the judge said.

"This purpose was turned on its head when the person concerned is prepared to endure the undoubted discomforts of being imprisoned to obtain some greater benefit, as they see it." he said.

"The only plausible interpretation of Mr Burke's actions is that he sees some advantage in his continuing imprisonment, otherwise he would have either avoided his jailing or taken the opportunity to bring it to an end."