Eleanor Joel and Jonathan Costen will not face retrial for unlawful killing
This report is a localnews.ie summary based on public court reporting and records; sources are listed below.
Eleanor Joel and Jonathan Costen will not face a retrial for unlawful killing by neglect. Justin Dillon SC, counsel for the Director of Public Prosecutions, told the Court of Appeal on 18 March 2016 that no retrial would be sought.
The proceedings were reported on 18 March 2016. On 4 March 2016, Mr Justice George Birmingham, sitting with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon, quashed their convictions relating to the death of Evelyn Joel, a 59-year-old woman with multiple sclerosis.
The couple were charged with manslaughter arising from alleged neglect of Evelyn Joel in their home in Co Wexford in January 2006. They had pleaded not guilty.
Following a retrial, a jury at Wexford Circuit Criminal Court found them guilty. Judge Seán O'Donnabháin imposed two-year suspended sentences in March 2013 on condition they carry out 230 hours of community service.
On appeal, the couple contended that healthcare professionals and local authority officials were responsible for any alleged negligence, and that a private individual lacked the resources to investigate others' negligence.
Mr Justice George Birmingham said the HSE's interaction with Evelyn Joel caused concern, although there was no indication of criminal conduct. The court was not persuaded that the Garda investigation made a fair trial impossible.
The appeal court found the retrial unsatisfactory because potentially significant healthcare witnesses were not called. It also said extensive publicity meant the retrial should have moved from Wexford to Dublin. Eleanor Joel succeeded on a ground concerning the replacement of a juror without her legal advisers present.
A ground concerning the causation test also succeeded: Evelyn Joel's complicated medical history made the exact cause of death difficult to establish. Jonathan Costen additionally succeeded on a ground concerning the trial judge's directions on his duty of care.