Jailed secondary school teacher Enoch Burke walked free from Mountjoy Prison last night after his release was ordered by the High Court. Burke refused to use the new gender pronouns of a pupil at his school and a dispute arose between him and the principal leading to him being barred from the premises. He refused to obey this and was held in contempt of court.

Mr Justice Brian O’Moore issued the ruling after a hearing earlier yesterday.

Mr Burke was not present at the court as he had told the judge he could not participate in the process as to do so would be to agree that he was lawfully incarcerated.

Mr Burke said what he wanted from the court was not temporary release, but a just upholding of his constitutional rights.

At the hearing, Mr Justice O’Moore said it was “intolerable” that taxpayers were paying Mr Burke’s salary, as well as the costs of his incarceration in Mountjoy Prison, and it was difficult to avoid the conclusion that Mr Burke was exploiting his imprisonment for his own ends.

He said the only plausible interpretation of Mr Burke’s actions was that he saw some advantage in his continuing imprisonment.

The judge said the court would not enable someone found in contempt of court to garner some advantage from that defiance.

He said because of this Mr Burke’s release should be open-ended and not just for Christmas, but he would be sanctioned again by the court if he once more breached High Court orders.