The High Court has quashed the conviction of Jemima Burke for a public order offence and prohibited any further prosecution of her in the District Court, finding that her trial in Ballina did not meet minimum requirements of fairness.
Ms Justice Sara Phelan ruled on 14 August 2025 that Ms Burke had been convicted after the District Court heard her case on the day she was arrested, without giving her time to prepare a defence. The court also refused to remit the case for a retrial and declined her claim for compensatory damages. The question of the precise costs order was left for a later hearing.
The case arose from events in Swinford, Co Mayo, on 20 June 2024. Ms Burke was arrested at 1.58pm and charged at 4.15pm with offences under section 6 of the Criminal Justice (Public Order) Act 1994. At Ballina District Court, the judge began hearing the case at about 5.10pm after Ms Burke declined to enter a bail bond. She was convicted, fined €350 with six months to pay, and a second charge was taken into consideration.
The High Court said she had not been afforded time to consider legal representation, seek disclosure, review recordings or custody and Garda records, or identify potential witnesses. The Director of Public Prosecutions did not oppose quashing the District Court orders, although the Director argued that the matter should be sent back for a new hearing. The court found the hearing had been conducted in excess of jurisdiction and was void from the outset.
In refusing a retrial, the judge cited the fundamental breach of fair procedures, the prosecution’s failure to intervene to seek an adjournment, the minor nature of the offence, and the fact that Ms Burke had already given evidence without adequate time to prepare. The court also noted that she had not spent time in custody and that the case was relatively recent, but concluded that she should not face another trial.
The judgment discussed disputed accounts about how Garda Patrick O’Connor came to possess Ms Burke’s mobile phone. It did not resolve those factual disputes. It noted that the phone may have contained footage relevant to the case and that the judge in the District Court had not been told the Garda had it during the hearing.
The court rejected damages, finding no established basis for compensation for an unfair trial in the circumstances before it. It said Ms Burke had largely succeeded in the judicial review and was entitled to expenses and outlay as a litigant in person, subject to further submissions. The proceedings were listed for 10.30am on 14 October 2025 to determine the precise costs order.