Courts / Wexford / Report

Jury should have been allowed consider HSE's alleged culpability in death of immobile MS sufferer, appeal court told

Summary

The Court of Appeal has heard submissions in the appeal by Eleanor Joel and Jonathan Costen, who were convicted of the unlawful killing of Evelyn Joel by neglect in Wexford in January 2006. The pair, who pleaded not guilty, were found guilty by a jury at Wexford Circuit Criminal Court following a retrial. In March 2013, Judge Seán O'Donnabháin sentenced them to a two-year suspended sentence, conditional on the completion of 230 hours of community service. Counsel for the appellants argued that the jury should have been permitted to consider the alleged culpability of the HSE, which they contend bore a professional duty of care for the immobile MS sufferer. They further submitted that the trial judge erred in refusing to transfer the retrial out of Wexford due to prejudicial local reporting and in misstating Costen's lack of a duty of care. The DPP's counsel countered that a duty of care arose for Costen and that the refusal to transfer the venue was not appealable. The Court of Appeal, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice Alan Mahon, reserved its judgment, stating it would deliver a decision as soon as possible.

Who, what, where, when and why

What: Report matter: Jury should have been allowed consider HSE's alleged culpability in death of immobile MS sufferer, appeal court told. 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
• December 2006 Hearing Or Sentence
• September 2005 Other
• Christmas Other
• 2015-10-07 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

Places mentioned

Topics

Stage Appeal

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Read the original CNI report