independent

Thursday 12 December 2019

Convicted couple and DPP to appeal in Evelyn Joel case

The late Evelyn Joel with her daughter Eleanor, grand daughter Jessica and Eleanor's partner John Costen, in 2004.
The late Evelyn Joel with her daughter Eleanor, grand daughter Jessica and Eleanor's partner John Costen, in 2004.

By David Tucker

AN ENNISCORTHY couple found guilty of unlawfully killing by neglect 59-year-old MS sufferer Evelyn Joel are to appeal their convictions, however, the Director of Public Prosecutions is also to appeal, claiming their suspended sentences were unduly lenient.

The appeals are due to heard on April 29 and 30. Evelyn Joel's 41-year-old daughter Eleanor, and her partner Jonathen Costen, aged 43, with last addresses at Cluain Dara, Enniscorthy, pleaded not guilty to the unlawful killing of Evelyn by neglect in County Wexford in January 2006.

They were found guilty by a jury at Wexford Circuit Criminal Court and were given a two-year suspended sentence on condition they carry out 230 hours of community service by Judge Seán O'Donnabháin in March 2013.

The pair are appealing their convictions, however, the Director of Public Prosecutions is also appealing their sentences on grounds that they were unduly lenient.

Counsel for the Director of Public Prosecutions, Justin Dillon, told President of the Court of Appeal Mr Justice Seán Ryan that the appeals were fixed for hearing on April 29 and 30.

Mr Dillon asked the court to fix a time limit for Ms Joel to file submissions to the undue leniency application. One week was sought by her barrister, James Browne and he was given two.

In relation to the conviction appeals, Mr Dillon said his side had received Ms Joel's submissions.

They were more comprehensive than was anticipated.

The DPP was given four weeks to reply to Ms Joel's submissions on her appeal against conviction.

Eleanor Joel and Costen were not in court.

Wexford People

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