Courts / Wexford / Report

Couple have convictions for killing MS sufferer by neglect quashed on appeal

Summary

In 2016 the Court of Appeal quashed the convictions of Eleanor Joel, aged 41, and her partner Jonathan Costen, aged 43, for the unlawful killing by neglect of Evelyn Joel, a 59‑year‑old multiple sclerosis sufferer. The couple had been found guilty in 2013 and received a two‑year suspended sentence with a condition of 230 hours of community service. The appeal was successful on several grounds, including the claim that statutory agencies, not the couple, were responsible for the neglect, the lack of adequate HSE visits in the final months of Evelyn's life, and procedural issues such as the replacement of a juror without legal counsel present. The Court of Appeal held that these factors undermined the fairness of the trial and therefore quashed the convictions. The Director of Public Prosecutions was advised to consider whether to seek a retrial. Jonathan Costen pleaded not guilty.

Who, what, where, when and why

What: Report matter: Couple have convictions for killing MS sufferer by neglect quashed on appeal. 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 2005 Other
• January 1, 2006 Other
• January 7 Other
• 2016-03-04 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report