Jquery mobile ignoring data-role none on checkbox?

I am using knockout and Jquery Mobile together (with external templates) which is quite painful, however I have got the majority of it working, but I keep getting a strange issue where if I load a page with checkboxes with data-role="none" it works fine, but if I go to another page then come back it blows up with a dom exception.

After some routing around it seems that the DOM error is because it doesn't have a label associated with it, however this is true as it is more like a table with multiple rows of elements with a shared heading at the top.

I am not sure if it is adding to the problem, but due to me loading the container for this collection of elements via an external template (ajax request) it contains a custom data-bind which calls $(element).trigger(<trigger-var-here); so data-bind="trigger: 'create'" would call $(element).trigger('create');, so I am not sure if Jquery Mobile is somehow re-triggering the data-bindings every time you swap pages, but it is a nightmare and can find next to no information on this...

I could put up with the error if that was just it, but I lose all themes on content when I swap between pages making me think something odd is going on.

The error is below:

Component returned failure code: 0x80004003 (NS_ERROR_INVALID_POINTER) [nsIDOMHTMLDivElement.appendChild] [Break On This Error]

...:this.options.theme,icon:p,shadow:false,mini:f});f=k.createElement("div");f.clas...

jquery....min.js (line 109)

The thing which is odd, is if I remove the checkbox it all works fine, but the data themes keep getting lost between transitions, but the controls remain working. If I start on the page with the checkbox it works fine, however if I start on another page THEN click the button to take me to the page with checkboxes the error occurs.