Courts / Wexford / Report

Pair found guilty of unlawful killing by neglect of MS sufferer to appeal convictions

Date
2015-03-11
Stage
Appeal
Primary locality
Wexford
County
Wexford

Summary

In January 2006, Evelyn Joel, a 59‑year‑old MS sufferer, was unlawfully killed by neglect in Co. Wexford. Her 41‑year‑old daughter Eleanor and her partner Jonathen Costen, aged 43, were found guilty by a jury at Wexford Circuit Criminal Court. Judge Seán O'Donnabháin imposed a two‑year suspended sentence on each, conditional on 230 hours of community service. The pair have now decided to appeal their convictions. Meanwhile, the Director of Public Prosecutions is appealing the sentences, arguing they were unduly lenient. The DPP's appeal is scheduled for hearing on 29 and 30 April, with a time limit set for Ms. Joel to file submissions on the undue‑leniency application. Ms. Joel's barrister, James Browne, requested one week for submissions and was granted two. The DPP received Ms. Joel's submissions and has been given four weeks to reply. The pair were not present at the Court of Appeal hearing before President Mr. Justice Seán Ryan. Jonathen Costen pleaded not guilty.

Who, what, where, when and why

What: Report matter: Pair found guilty of unlawful killing by neglect of MS sufferer to appeal convictions. Charges or matters: the unlawful killing of Evelyn by neglect in Co Wexford in January 2006. Procedural stage: appeal

When:

Case subjects

Jonathen Costen

Appellant

Charges: the unlawful killing of Evelyn by neglect in Co Wexford in January 2006 (Alleged Or Contested)

Plea: Not guilty

Outcome: They were found guilty by a jury at Wexford Circuit Criminal Court and were given a two year suspended sentence on condition they carry out 230 hours of community service by Judge Seán O'Donnabháin in March 2013.

Places mentioned

Secondary Mention
Court Venue
  • Wexford
  • Wexford Circuit Criminal Court
  • Court of Appeal

Topics

Stage Appeal

Related court reports

Read the original CNI report

Correction or retraction request

If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.

Email a correction request