Courts / Wexford / Report
Couple will not face retrial on charge of unlawful killing of MS sufferer by neglect
Summary
In March 2016 the Court of Appeal quashed the convictions of Eleanor Joel, aged 41, and her partner Jonathan Costen, aged 43, for the unlawful killing of Joel's mother, Evelyn, aged 59, by neglect. The original 2013 conviction had followed a retrial in which a jury found the couple guilty of manslaughter and imposed a two‑year suspended sentence with a requirement of 230 hours of community service. The appeal was based on procedural errors, including the replacement of a juror without the presence of Joel's legal advisers, and on substantive grounds such as the failure of the Health Service Executive to provide adequate care in the final months of Evelyn's life. The Court held that the trial was unsatisfactory and that the convictions were quashed. The Director of Public Prosecutions confirmed that no retrial would be sought, leaving the case closed without further criminal proceedings. Jonathan Costen pleaded not guilty.
Who, what, where, when and why
What: Report matter: Couple will not face retrial on charge of unlawful killing of MS sufferer by neglect. 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
- March 4 Hearing Or Sentence
- December 2005 Other
- January 1, 2006 Other
- January 7 Other
- 2016-03-18 Publication
Case subjects
Convicted Person
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 by Judge Seán O'Donnabháin in March 2013 on condition they carry out 230 hours of community service.
Places mentioned
- Wexford
- Wexford Circuit Criminal Court
- Court of Appeal
- Wexford General Hospital
Topics
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