Eleanor Joel's unlawful killing appeal adjourned over bias claim

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

Eleanor Joel's appeal against her conviction for unlawfully killing her mother by neglect was adjourned in the Court of Appeal after her lawyers claimed an assigned judge might be biased against her. The proceedings were reported on 29 April 2015.

The unlawful killing charge concerned the death of her mother, Evelyn Joel, a 59-year-old MS sufferer, through neglect in Co Wexford in January 2006. Eleanor Joel and her partner Jonathan Costen had pleaded not guilty.

A jury at Wexford Circuit Criminal Court found both guilty in March 2013. Judge Seán O'Donnabháin gave each a two-year suspended sentence on condition they carry out 230 hours of community service.

Both appealed their convictions, with hearings scheduled for 29 April 2015. An application by the Director of Public Prosecutions to review their sentences as unduly lenient was also due to be heard the following day.

Presiding judge Mr Justice George Birmingham said the court had received a letter from Eleanor Joel's solicitor before proceedings commenced. He was sitting with Mr Justice John Edwards and Mr Justice Garrett Sheehan.

Mr Justice George Birmingham said he and his colleagues considered there was absolutely no problem whatsoever with Mr Justice John Edwards’ previous involvement in a judicial review matter.

Mr Justice George Birmingham said he would not force the case on before a court was constituted and that the lack of a two-day slot meant it would have to return in October 2015. The case was put back to 15 May 2015 with a view to fixing a hearing date.