Courts / Wexford / Report
Couple found guilty of killing MS sufferer by neglect move to appeal convictions
Summary
In 2013, a jury at Wexford Circuit Criminal Court found 41‑year‑old Eleanor Joel and her 43‑year‑old partner Jonathan Costen guilty of unlawfully killing 59‑year‑old Evelyn Joel by neglect. The conviction followed a retrial after an earlier trial in 2006. Judge Seán O'Donnabháin imposed a two‑year suspended sentence, conditional on 230 hours of community service. The couple now appeal on grounds that the HSE, the true cause of death, the judge's refusal to transfer the case out of Wexford, the replacement of a juror without defence counsel, and Costen's alleged duty of care were mishandled. Counsel for Eleanor, Rosario Boyle SC, argued that the pair had legal responsibility for Evelyn's care while she stayed at Eleanor's home, and that the jury was told not to consider HSE negligence. Jonathan Costen pleaded not guilty.
Who, what, where, when and why
What: Report matter: Couple found guilty of killing MS sufferer by neglect move to appeal convictions. Charges or matters: the unlawful killing of Evelyn by neglect in Co Wexford in January 2006. Procedural stage: appeal
When:
- January 2006 Hearing Or Sentence
- March 2013 Hearing Or Sentence
- September 2005 Other
- Christmas Other
- 2015-10-06 Publication
Why: "He said repeatedly, because of her condition, (that) they couldn't cope and she should be in hospital. CNI source report
Case subjects
Appellant
Charges: the unlawful killing of Evelyn by neglect in Co Wexford in January 2006 (Alleged Or Contested)
Plea: Not guilty
Outcome: Following a retrial, 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
- Wexford
- Wexford Circuit Criminal Court
- Eleanor Joel's house
Topics
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