Enoch Burke's sister wins legal challenge as High Court quashes district court conviction
And the management consultant will not have to face a re-hearing of the case, a High Court judge also ruled.
However, Ms Justice Sara Phelan said she did not consider an award of compensatory damages over the matter appropriate or necessary.
The High Court had heard last May that the State would not oppose the quashing of the public order conviction involving alleged mobile phone videoing by Ms. Burke.
The State, however, argued the matter should still be sent back to the original court for a new hearing.
Jemima Burke, 30, had been granted permission to seek judicial review of her case after she alleged her constitutional rights were breached when she was arrested, charged, and convicted of a public order offence within a matter of hours. She also sought that her case should not be remitted due to her constitutional rights.
Ms Burke was convicted of a public order offence on June 20 last year by Judge Vincent Deane in Ballina District Court in Co Mayo.
Ms Burke, a management consultant in professional services, said she attended an inquest in Swinford, Co Mayo, on June 20, concerning the death of a sepsis patient at Mayo University Hospital.
She was later arrested and her phone confiscated. She was brought to Ballina Garda Station where she was detained in a cell, she claimed, for more than two hours.
She was then charged with two public order offences relating to a breach of the peace.
She said when she appeared before Judge Deane she refused to sign a bail bond.
Judge Deane, she claimed, told her it would be unjust to adjourn the matter if she was not going to sign the bond, that there was little chance of her going to prison and that he had "to protect your interests at some level, too".
Ms Burke was convicted of one of the public order offences, under Section 6 of the Public Order Act, with the other taken into consideration, and fined €350.
In her High Court proceedings, she argued she had been the victim of a "serious" miscarriage of justice in that there was "excessive haste" in hearing the original case.
Ms Justice Phelan in the High Court on Thursday said it could not be gainsaid that the manner in which the district court judge approached the hearing was peremptory 'notwithstanding the well-intentioned rationale behind such approach.'
She said the district court judge had approached the matter with a view to protecting Ms Burke's interests, such that he did not want her to be remanded in custody.
However, Ms Justice Phelan said Ms Burke was entitled to choose not to enter into a bail bond, and her right to a fair trial in due course of law was an absolute right.
'In preferring not to remand her in custody and thereby conducting the trial on the same day on which the offence allegedly occurred, it is clear the district court judge fell into error.' Ms Justice Phelan said.
The actions of the district court judge, Ms Justice Phelan said, were such 'as to deprive Ms Burke of her constitutional right to a fair trial and the district court ought not to have embarked on the hearing on June 20, 2024', she said, ruling the district court had acted in excess of jurisdiction from the outset.
Ms Justice Phelan said she was not prepared to remit the matter for further hearing and she also ruled Ms Burke was not entitled to an award of compensatory damages.
The judge said she was inclined to award Ms Burke as a litigant in person her expenses and outlay in respect of the application, but the parties could mention the matter when it comes back before the court in October.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Extra.ie
14 minutes ago
- Extra.ie
High Court quashes conviction for Burke sister over filming of coroner outside court
Jemima Burke has had her public order conviction quashed and will not face a retrial – but she will not be awarded any compensation, the High Court has ruled. Ms Burke, a sister of controversial trans-row teacher Enoch Burke, had complained that her trial was like 'something you would hear in the Middle Ages', after she was given no time to prepare her defence. She had been accused of a public order offence for allegedly using threatening, abusive or insulting words or behaviour, with intent to provoke a breach of the peace. Pic: Collins Courts High Court Judge Sara Phelan said Ms Burke had been arrested at around 2 pm on June 20 last year in Swinford, Co. Mayo. The court had heard that Ms Burke, 30, a management consultant in professional services and a journalism graduate, had attended an inquest in Swinford earlier that day concerning the death of a sepsis patient at Mayo University Hospital (MUH). Ms Burke said the man spent 42 hours on a trolley, then went missing while in hospital care and was later found dead in a river in Castlebar. She said during the inquest lunch break, she used her phone to film the coroner and several MUH staff outside on the public street. Enoch Burke. Pic: Collins Courts A Garda arrested her, confiscated her phone and took her to Ballina Garda Station, where she was detained in a cell for more than two hours. She was charged with two public order offences and taken to Ballina District Court, where it was alleged she had blocked the path of people she was videoing. Judge Phelan said when it became apparent to District Court Judge Vincent Deane that Ms Burke was not prepared, as was her entitlement, to enter into a bail bond, he decided to hear the case immediately. She said this did not give Ms Burke time to prepare her defence by, for example, engaging legal representation or ascertaining if there were witnesses available. Judge Phelan said the judge appeared to have done this in order to avoid Ms Burke being held in custody awaiting trial for a length of time which could exceed any likely sentence. Pic: Collins Courts Judge Deane convicted Ms Burke of one of the public order offences, under Section 6 of the Public Order Act, with the other taken into consideration, and fined her €350. Ms Burke complained to the High Court that she had been the victim of a 'serious' miscarriage of justice and had been 'railroaded into a trial'. The State told the High Court it would not oppose the quashing of her conviction, but argued that she should face a retrial. Judge Phelan said the trial judge's approach had been well-intentioned, but Ms Burke had an absolute right under the Constitution to a fair trial in the due course of law. She said it was self-evident that the trial did not meet the minimum requirements of a fair trial, and she would quash the conviction. The High Court had the power to bring proceedings to an end, she said, and was not obliged to order a retrial, following consideration of the justice and fairness of a case. She said the offence was one of the most minor in the statute book, and Ms Burke had 'disclosed her hand' when giving evidence herself during the trial, without sufficient time to prepare her defence. She rejected claims by the DPP that Ms Burke was 'the author of her own misfortune' in not exercising her right to take up bail. 'The applicant was perfectly entitled to refuse to enter into a bail bond and she did so in the knowledge of the consequences, being that she would be remanded in custody pending the hearing,' said Judge Phelan. She did not agree with the DPP that the district court judge was 'meticulously fair', saying: 'There is a world of a difference between being 'meticulously fair' and being 'well-intentioned'.' The judge concluded: 'The circumstances of the original hearing are such that, in the view of this court, the applicant should not face a retrial.' She said she would adopt a Supreme Court ruling in a different case, in which the judges stated that 'the applicant has endured enough'. Judge Phelan ruled there was no precedent for Ms Burke's assertion that she should be entitled to compensatory damages as her constitutional right to a fair trial had been breached. The case will be mentioned again before the court on October 14, for a final order on costs.
Sunday World
7 hours ago
- Sunday World
Sex offenders can no longer be fully segregated in jails due to overcrowding
NUMBERS DOUBLE | Electronic tagging pilot project is expected to initially number fewer than 70 tags The Midlands Prison in Portlaoise The Sunday World also understands the Department of Justice's electronic tagging pilot project, which has gone to tender, is expected to initially number less than 70 tags. It will be up and running by the end of the year. The low number in the pilot scheme means it will not have any immediate impact on the prison overcrowding issue. However, a government source stressed the pilot project is expected to be expanded swiftly after its initial run. Jim O'Callaghan said a steering group will look at tagging issues As of last week, there were 5,579 inmates in Irish prisons, with a total bed capacity for 4,672, meaning the system was close to 1,000 prisoners over capacity. As of May 31 this year, there were 800 sentenced prisoners in custody for sexual offences. This compares to 489 on the same date in 2022. Traditionally, sex offenders have been housed mainly at the Midlands Prison and Dublin's Arbour Hill Prison. However, due to the increased numbers, these offenders are now also being housed in The Grove in Castlerea Prison, Co Roscommon, where sex offenders and other long-term inmates live in houses within the grounds. In addition, Mountjoy Prison West now houses a number of sex offenders. It was decided that this is a suitable location to accommodate sex offenders Justice Minister Jim O'Callaghan told the Dáil in recent weeks: 'I can confirm that the process of accommodating sex offenders in the part of Mountjoy Prison West, which was previously known as the Progression Unit, commenced during March 2024. 'This area of Mountjoy Prison is self-sufficient in relation to recreation, education, work and training. There is no requirement for prisoners living here to interact or traverse to the main prison. For this reason, it was decided that this is a suitable location to accommodate sex offenders.' Prison bosses have always strived to keep sex offenders separate to other inmates, for their own safety, but this is proving increasingly difficult. 'The Midlands and Arbour Hill are the traditional jails used to house sex offenders. But now these type of offenders are also in Mountjoy West, The Grove in Castlerea as well as Limerick and Cork prisons. The number of sex offenders has significantly increased but prison space has not,' said a prison source. 'There is a protection issue and the Irish Prison Service is aware of this. A sex offenders' regime is slightly different to the rest of the prison population.' The Grove, Castlerea Prison Sex offenders generally go out to recreational yards at the same time. 'These type of prisoners don't generally mix with the rest of the prison population but stick to themselves. But in the houses in The Grove in Castlerea, they are alongside other long-term prisoners, who are generally nearing the end of their sentence,' the source said. 'It is certainly not the case that sex offenders could ever be housed in the main prison population in Mountjoy for example.' The Building Better Lives (BBL) programme, previously the primary treatment for sex offenders in Irish prisons, was replaced by a new model called New Chapters last November following a review. At present it is only available at the Midlands and Arbour Hill prisons. Sex offenders, unlike all other prisoners, are not entitled to an automatic 25pc remission from their jail terms. They are also not eligible for early release. This cohort of criminals would not be considered for release to be monitored by an electronic tag — however, they could potentially be tagged if they are subject to a post-release supervision order by the courts. Mr O'Callaghan outlined to the Dáil that electronic tagging is expected to be used for some people out on bail, on temporary release and sex offenders 'subject to a post-release supervision order or a sex-offender order that includes a condition restricting movement'. He said existing legislation provides for electronic monitoring in certain circumstances and that a steering group was established in 2024 to oversee electronic monitoring proposals. 'I am advised that work is under way involving representatives from the various agencies to prepare to operationalise electronic monitoring,' he said. 'This includes consideration of technology, data protection, procurement, implementation, and operating model design. A Request for Information was published on eTenders on Thursday, 5th June. An initial rollout of electronic monitoring is expected later this year following a procurement exercise to select a service provider.'
Irish Daily Mirror
13 hours ago
- Irish Daily Mirror
Jim O'Callaghan 'concerned' over youth attacks on Indian community in Ireland
Justice Minister Jim O'Callaghan has spoken out on the spate of recent violent attacks on members of the Indian community in Ireland. It comes after India Day in Ireland was postponed over safety concerns following what the Indian Embassy in Dublin said was an increase in physical attacks on Indian citizens in recent weeks. In Tallaght last month, an Indian man who had recently moved to Ireland for work was severely beaten and suffered a number of slash injuries to his face. His trousers were also removed during the horrific assault. Earlier this month, meanwhile, the Irish Mirror spoke to the mother of six-year-old Nia Naveen, who was attacked by a group of children in Waterford and told to 'go back to India'. The Ireland India Council believes there is an organised social media campaign against the Indian community in Ireland and the number of violent attacks has intensified since January this year. Minister for Justice Jim O'Callaghan In a statement on Thursday, Minister O'Callaghan said he had met representatives of the council and the Federation of Indian Communities in Ireland to discuss the recent racist attacks. The Justice Minister said what he found most concerning was that that the 'majority' of the attacks 'appear to have been carried out by young people'. 'Any attack against innocent members of the public such as those suffered by members of the Indian community are totally unacceptable and will not be tolerated," he said. "Attacks on individuals because of their inherent characteristics including race are abhorrent to the values of our republic and are condemned by any right-thinking people. 'What I find most concerning about these attacks is that the majority appear to have been carried out by young people. Thousand gather to protest against racism following the recent assault of an Indian national in the Tallaght area. (Image: Mostafa Darwish/Anadolu via Getty Images) "I have been informed that Garda Juvenile Liaison Officers are engaging with the respective communities and youth groups on the matter. "I have been engaging extensively with the Garda Commissioner about this and he has taken action to support the Indian community. "Importantly, Senior Investigating Officers are assigned to investigate all reported incidents, so I hope to see progress on those investigations soon. 'Our laws have recently been amended by the Criminal Justice (Hate Offences ) Act 2024 to ensure any attack motivated by hate will on conviction result in increased sentencing parameters for the sentencing judge so there are severe consequences for the perpetrators of these attacks." The Irish Mirror's Crime Writers Michael O'Toole and Paul Healy are writing a new weekly newsletter called Crime Ireland. Click here to sign up and get it delivered to your inbox every week On Monday, Tánaiste Simon Harris and Minister of State with responsibility for Migration, Colm Brophy, met with with members of the Indian community to discuss the attacks on Indian citizens in recent weeks. The Ireland India Council said they wanted assaults on members of the Indian community to be recognised as hate crimes, to ensure the offences are 'appropriately recorded and addressed'. They have also called for a cross-departmental task force on hate crime and youth violence to deliver a coordinated response. Subscribe to our newsletter for the latest news from the Irish Mirror direct to your inbox: Sign up here.
