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High Court quashes conviction for Burke sister over filming of coroner outside court
High Court quashes conviction for Burke sister over filming of coroner outside court

Extra.ie​

time4 days 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.

High Court quashes public order conviction against Jemima Burke, sister of teacher Enoch
High Court quashes public order conviction against Jemima Burke, sister of teacher Enoch

The Journal

time5 days ago

  • The Journal

High Court quashes public order conviction against Jemima Burke, sister of teacher Enoch

JEMIMA BURKE, A sister of teacher Enoch Burke, has had a District Court conviction for a public order offence quashed by the High Court. Burke (30), a management consultant in professional services and a UCG graduate in journalism, was convicted of the offence by Judge Vincent Deane at Ballina District Court, Co Mayo on 20 June 2024. It came after Burke attended an inquest in Swinford, Co Mayo that same day, which she told a previous court hearing concerned the death of a sepsis patient at Mayo University Hospital (MUH). She 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, while outside on the public street, she used her phone to film the coroner and several MUH staff. A Garda arrested her, confiscated her phone and brought her to Ballina Garda Station, where she was detained in a cell for more than two hours. She was then charged with two public order offences relating to a breach of the peace. When she appeared before Judge Deane that evening, she refused to sign a bail bond. The case was heard immediately. Judge Deane convicted her 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. Burke sought a review of her case last November after she alleged that her Constitutional rights were breached when she was arrested, charged, and convicted of a public order offence within a matter of hours. She argued that she had been the victim of a 'serious' miscarriage of justice in that there was 'excessive haste' in hearing the original case, and that she received no disclosure and had no legal representation at her trial. Advertisement She said she had been detained in a cell for two hours and that 55 minutes after leaving the cell, she was on trial in the court. In May, the High Court heard that the State would not oppose quashing the conviction against Burke, but it argued that the matter should still be sent back to the District Court for a new hearing. In a written judgement today, Ms Justice Sara Phelan said that Burke was entitled to choose not to enter into a bail bond 'In preferring to not remand her in custody, and thereby conducting the trial on the same day on which the offence allegedly occurred, it is clear that the District Court Judge fell into error,' she said. 'It seems to this Court that the actions of the District Court Judge were such as to deprive the applicant of her constitutional right to a fair trial and, that being so, the District Court ought not to have embarked on the hearing on 20 June 2024.' The judge said while the District Court had jurisdiction to hear the case, it did not have jurisdiction 'to embark on a peremptory hearing' and therefore, the court acted 'in excess of jurisdiction from the outset'. Ms Justice Phelan said she was not prepared to return the matter to the District Court for a new hearing 'in circumstances where the applicant has endured enough and the prosecution cannot be acquitted of all the blame for some, at least, of what went wrong at the trial.' She also ruled that Burke was not entitled to an award of compensatory damages. She quashed Burke's conviction and made an order prohibiting any further prosecution of Burke in the District Court. With reporting from Paul Neilan Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal

MaRS and Toyota Mobility Foundation select participants for the Mobility Unlimited Hub's second cohort
MaRS and Toyota Mobility Foundation select participants for the Mobility Unlimited Hub's second cohort

Cision Canada

time06-08-2025

  • Business
  • Cision Canada

MaRS and Toyota Mobility Foundation select participants for the Mobility Unlimited Hub's second cohort

These 10 high-potential startups are working on affordable prosthetics, smart exoskeletons and other innovative solutions to support active mobility. TORONTO, Aug. 6, 2025 /CNW/ - MaRS Discovery District and the Toyota Mobility Foundation (TMF) today announced the 10 high-potential startups that will be participating in the second cohort of the Mobility Unlimited Hub (MUH) in Toronto. These companies bring novel technological approaches to active mobility and transformational devices and will leverage the Hub's network to accelerate the commercialization of their solutions in both Canada and globally. Building on the success of the first cohort, this program is once again focused on active mobility, including rehabilitative, adaptive and assistive solutions, with the aim of fostering a more inclusive and accessible society. The human-centered philosophy behind the MUH is simple: When people are free to move, they can fully realize their potential. The power of the ecosystem The MUH was launched in Toronto in 2024, in response to a clear need. According to a recent Canadian Survey on Disability, 27 percent of Canadians aged 15 years and older — eight million people — have one or more disabilities that limit their daily activities. Additionally, 30 percent of people living with disabilities in Canada report that their requirements for assistive devices have not been fulfilled. After receiving more than 70 applications from across the globe, MaRS and TMF, along with their advisory committee, have selected 10 innovative startups to participate in the second cohort. The new MUH cohort members include: Bionic Power Inc. - This Vancouver-based startup has developed a smart orthosis to address knee-related gait deficiencies, allowing people with cerebral palsy, spina bifida and post-polio syndrome to move more easily, safely and independently. GiveVision - This London, U.K. startup has developed sight-enhancing wearable headsets that allow visually impaired users to watch live sports and cultural events. Human in Motion Robotics Inc. - This Vancouver-based startup has developed a wearable self-balancing lower‑limb exoskeleton designed for rehabilitation and personal mobility. ImaginAble Solutions Inc. - This Hamilton-based startup has developed an assistive device to help people with limited hand mobility write, draw, paint and use touchscreens. Kinesix XR Inc. - This Montreal- and Chile-based startup leverages virtual reality and augmented reality technologies to deliver AI-powered rehabilitation therapy for patients recovering from strokes and traumatic brain injuries and those living with Parkinson's disease, multiple sclerosis (MS), chronic pain and other ongoing conditions. Ora Medical Inc. - This Montreal-based startup has developed a hands-free gait trainer designed to support walking rehabilitation for children with mobility challenges. Possibility Neurotechnologies - This Calgary-based startup has developed a mobile app that transforms EEG headsets into brain-computer interfaces, allowing users to control devices and communicate using only their thoughts. smartARM Robotics Inc. - This Toronto-based startup has developed an intuitive, affordable, AI-powered bionic arm with vision-based grip recognition. Steadiwear - This Toronto-based startup has developed hand-stabilization gloves to assist adults with tremors, including those caused by Parkinson's disease and strokes. Victoria Hand Project - This Victoria-based non-profit partners with local clinics to manufacture 3D-printed upper-limb prosthetics for amputees in low-resource and conflict-affected regions. "Mobility means moving forward with new ideas. Our first cohort proved the power of the community to scale new active mobility solutions faster and more effectively, and bring needed change to the industry," says William Chernicoff, program manager at Toyota Mobility Foundation. "Founded on a commitment to human-centred design, the Hub was created to position this market as one worth investing in, and we are seeing that transformation. There remains a wide range of unmet needs and challenges that limit active mobility, which is why we are expanding the next cohort's scope to allow for more diversity in the problems the startups are seeking to solve." Critical to the MUH's success is the ongoing commitment from MaRS Discovery District, which includes expanded access to state-of-the-art working spaces at the MaRS Centre in downtown Toronto. This highly effective collaboration demonstrates that change can happen rapidly in the context of a holistic ecosystem designed to drive innovation in active mobility. "The Mobility Unlimited Hub is more than a program — it's a powerful example of what happens when innovation is driven by purpose," says Morgan Lorimer, senior manager of cohort programs in innovation ecosystems at MaRS. "With a new dedicated co-working space at the MaRS Centre, we're creating the environment these startups need to scale, turning bold ideas into inclusive mobility solutions that improve lives and expand access." "Joining this cohort is a game changer for ImaginAble Solutions as we enter our next phase of growth, scaling Guided Hands® to reach more children and adults with hand disabilities around the world," says Lianna Genovese, CEO and founder of ImaginAble Solutions Inc., part of the new MUH cohort. "Access to industry experts in manufacturing and research will accelerate our ability to expand into schools, hospitals, and homes." Entrepreneurs speed toward scalability The first cohort's successes far exceeded the initial expectations held by both participants and program organizers, demonstrating that the path from early-stage innovation to market scale can be accelerated with the right combination of resources. Those resources include marketing and public relations support, funding opportunities, regulatory advice and guidance to improve manufacturing efficiency and supply chain optimization. "The Mobility Unlimited Hub has been instrumental in accelerating our growth. The opportunity to collaborate with others in the mobility space has enhanced our production capabilities and streamlined our business processes, ultimately delivering a better experience for our customers," says Eugene Cherny, CEO and co-founder of Cheelcare, a member of the inaugural MUH cohort. Since the inception of this program, startup members have hit key milestones. Highlights include: More than $8.1 million in funding secured across the cohort. AWL-Electricity established a partnership with Infineon Technologies, Germany's largest semiconductor manufacturer, gaining a global distribution partner to revolutionize wireless power transmission. Axtion Independence Mobility secured agreements with distribution partners across Canada, the European Union, United Kingdom and the United States, facilitating the venture's entry into the market in the fall of 2025. Braze Mobility Inc. received two patents, helping the company expand into Europe and scale in the U.S. Cheelcare raised $3.5 million and is now publicly listed on the TSX Venture Exchange following its reverse takeover of Departure Bay Capital Corp. Deaf AI secured multi-year R&D funding from Transport Canada, NSERC and Mitacs, in partnership with top academic institutions, including the University of British Columbia, Toronto Metropolitan University and Sheridan College. Trexo Robotics Inc. users have taken more than 100 million steps — a giant leap in the company's mission to help children with mobility challenges gain independence. Visit the Mobility Unlimited Hub web page for more information about the program. About Toyota Mobility Foundation The Toyota Mobility Foundation (TMF) was established in August 2014 by the Toyota Motor Corporation (TMC) to support the development of a more mobile society in which everyone can move freely. The Foundation underscores TMC's ongoing commitment to continuous improvement and respect for people. It utilizes Toyota's expertise and technologies to support strong mobility systems while eliminating disparities in mobility. TMF works in partnership with universities, governments, non-profits, research institutions and other organizations, creating programs that are aligned with the UN Sustainable Development Goals (SDGs) to address mobility issues around the world. About MaRS Discovery District MaRS Discovery District is a charitable organization and North America's largest urban innovation hub dedicated to helping Canadian technology companies succeed. With a focus on climate, health sciences and other emerging technologies, MaRS supports startups tackling some of the world's most pressing issues. MaRS spans more than 1.5 million square feet of cutting-edge office, lab, meeting and event space in downtown Toronto. MaRS has helped ventures generate $11.5 billion in cumulative revenue, raise $19 billion in funding, and create and maintain more than 33,000 jobs. The MaRS platform also includes MaRS IAF, one of Canada's top seed-stage venture funds. Through its world-class facilities, strategic programs and partnerships, MaRS accelerates the adoption of groundbreaking Canadian technology and bolsters a globally competitive innovation ecosystem.

Over 500 people currently on waiting list to see a cardiologist at Mayo University Hospital
Over 500 people currently on waiting list to see a cardiologist at Mayo University Hospital

Irish Independent

time24-06-2025

  • Health
  • Irish Independent

Over 500 people currently on waiting list to see a cardiologist at Mayo University Hospital

New data has revealed that 506 people are currently on a waiting list after being referred to MUH by their GP, additionally, 32 of these patients have been waiting for over 12 months. The issue was raised at the Regional Health Forum West meeting on Tuesday by Cllr Michael Kilcoyne, who is based in Castlebar. Speaking to the Irish Independent he highlighted just how serious this issue was, "Cardio is the heart, if something is wrong with the heart it needs urgent attention. If you have to wait that long to see a consultant then there is something drastically wrong with the system. 'They tell you that the first few hours are most precious if you have a heart attack. Yet they expect people to wait for over a year to see a consultant to have investigations. It means it is not being given the priority that it should be, "I just wonder how many of them are still alive if they are waiting for that long.' Integrated Health Area Manager for Galway and Roscommon Ann Cosgrove, assured the meeting that cardiology patients on the referral waiting list would be 'non-urgent' cases. She stated that interventional cardiology cases would not be done locally in MUH, they would be referred on to University Hospital Galway. Ms Cosgrove said in the meeting, "They've just had two cardiologists appointed to Mayo University Hospital in the last year. That [statistic] would be a backlog as there had been one clinician there before.' The advice given by Ms Cosgrove to any patient who might be concerned about their condition was to ask their GP to make further contact with the consultant, 'If somebody has concerns or if their condition has deteriorated in any way, your first port of call would be your GP,' she said. ADVERTISEMENT Data provided by Mary Warde, the Integrated Health Area Manager for Mayo, also revealed that a total of 4551 people are currently waiting to see a consultant at MUH. Cllr Kilcoyne said, "That's a huge number of people. It shows you how Mayo University Hospital has been under-resourced all of these years and continues to be the same way. "The hospital is full now, so is Galway in the West, and this is June. What's it going to be like in December.'

State won't oppose quashing public order conviction against Jemima Burke, sister of teacher Enoch
State won't oppose quashing public order conviction against Jemima Burke, sister of teacher Enoch

The Journal

time22-05-2025

  • The Journal

State won't oppose quashing public order conviction against Jemima Burke, sister of teacher Enoch

THE STATE WILL not oppose the quashing of a public order conviction against Jemima Burke, a sister of teacher Enoch Burke, who today told the High Court her trial was like 'something you would hear in the Middle Ages'. The State argued, however, that the matter should still be sent back to the original court for a new hearing. In November, the High Court permitted Jemima Burke to seek a review of her case after she alleged that her Constitutional rights were breached when she was arrested, charged, and convicted of a public order offence within a matter of hours. Ms Burke also argued that to send her case back to the District Court would be a breach of her Constitutional rights. Judge Vincent Deane at Ballina District Court, Co Mayo, convicted Ms Burke of a public order offence on June 20 last. Ms Burke (30), a management consultant in professional services and a UCG graduate in journalism, said she attended an inquest in Swinford, Co Mayo, on June 20, concerning the death of a sepsis patient at Mayo University Hospital (MUH). She 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, while outside on the public street, she used her phone to film the coroner and several MUH staff. A Garda arrested her, confiscated her phone and brought her to Ballina Garda Station, where she was detained in a cell for more than two hours. She was then charged with two public order offences relating to a breach of the peace. She said that when she appeared before Judge Deane, she refused to sign a bail bond. Judge Deane, she said, 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'. Advertisement Ms Burke said a Garda then made a number of allegations in the trial that immediately followed, including that she had obstructed the paths of individuals and shoved her phone into their faces, stating particular words. She said the phone footage would have clearly had probative value but it was in the possession of the gardai at that stage. Judge Deane convicted her 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. At the High Court today, Ms Burke argued that she had been the victim of a 'serious' miscarriage of justice in that there was 'excessive haste' in hearing the original case. Ms Burke argued that she received no disclosure and had no legal representation at her trial. She said she had been detained in a cell for two hours and that 55 minutes after leaving the cell, she was on trial in the court. Ms Burke claims she was 'railroaded' into a trial. Kieran Kelly BL, for the DPP, said that it was still in the hands of the hearing judge, Ms Justice Sara Phelan, to exercise her power of discretion in remitting the matter to the District Court for a different judge to hear. Mr Kelly said Ms Burke has complained about a lack of a fair trial. A return to the District Court would remedy matters for Ms Burke and give her the time required to prepare a case, he said. Mr Kelly said the DPP was not opposing the quashing of the original conviction. Ms Burke said that there was no custody record relating to her, no Garda statement made available to her, and she had no access to the 'probative' evidence on her phone. The prosecution, she said, had failed to guarantee a fair trial. 'It's like something you would hear in the Middle Ages,' said Ms Burke. Ms Justice Phelan reserved judgment in the matter. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal

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