Eleanor Joel and Jonathan Costen appeal neglect killing convictions

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Eleanor Joel and Jonathan Costen moved to appeal their convictions on 6 October 2015. The proceedings were reported on 6 October 2015.

They had pleaded not guilty to unlawfully killing Evelyn Joel by neglect. The offence concerned the 59-year-old multiple sclerosis sufferer in Co Wexford in January 2006.

Following a retrial, a jury at Wexford Circuit Criminal Court found them guilty. In March 2013, Judge Seán Ó Donnabháin gave them a two-year suspended sentence on condition they carry out 230 hours of community service.

Their appeal grounds included alleged HSE negligence, the true cause of death, refusal to transfer the retrial from Wexford, replacement of a juror without defence solicitors present, and Jonathan Costen’s duty of care.

For Eleanor Joel, Rosario Boyle SC said HSE public health nurses and her GP were responsible for Evelyn Joel’s care. They knew her daughter was not coping but left her without assistance for four months. Despite knowing of significant deterioration in early September 2005, they merely left incontinence nappies behind a wheelie bin, counsel said. She argued that the jury was wrongly barred from considering HSE negligence and that the replacement juror could not be challenged.

For Jonathan Costen, John O'Kelly SC argued that no duty of care arose through a blood relationship, contract or voluntary undertaking, and that the judge misstated his defence. He said his client repeatedly sought Evelyn Joel’s departure because they could not cope. She disliked doctors and hospitals and had rejected nursing-home forms, counsel said.

John O'Kelly SC also argued that prejudicial publicity prevented a neutral Wexford jury, citing an inaccurate report that Evelyn Joel weighed three stone on admission to hospital.

For the Director of Public Prosecutions, Justin Dillon SC said Jonathan Costen’s duty arose when he recognised Evelyn Joel’s helplessness. Counsel said he acknowledged during Garda interviews that he should have acted and believed she would not survive beyond Christmas. He could have called an ambulance; Eleanor Joel could also have called for help, counsel submitted.

Justin Dillon SC said the transfer refusal was not appealable, the 11–1 verdict undermined the juror challenge, and coverage was nationwide. He argued that the first jury’s failure to agree showed it had not been influenced by adverse publicity.

The report said replying submissions were still to be made before Mr Justice George Birmingham, Mr Justice Garrett Sheehan and Mr Justice Alan Mahon.

This report covers an earlier stage of the case. Later developments are not reported here.