Jury told to treat each count as a separate trial

WEARING casual clothes and a New York Yankees baseball cap, Jonathan Costen arrived in the old, dilapidated courtroom with Eleanor Joel, who was wearing a grey tracksuit top and dark pants, at 10.30am.

Both defendants walked from their seat in the public area and pleaded not guilty after the charges were read out. The jury was then sworn in. Judge Gerard Griffin told the jurors to rely only on the facts of the case and not anything divined from research on the internet.

Justin Dillon, prosecuting, reiterated the point. “Ultimately you will be asked to retire to consider your verdict. You will be coming together ultimately as a collective whole to give a verdict.”

Mr Dillon told the jurors the presumption of innocence is the cornerstone of any trial.

“Jonathan Costen and Eleanor Joel come before you as innocent persons.”

He said it was the duty of the prosecution to prove the accused’s guilt beyond a reasonable doubt, saying their verdict must be untainted by any extraneous considerations.

Outlining the case, Mr Dillon said the jury will be told an ambulance arrived at Costen and Joel’s house at Cluain Dara on New Year’s Day 2006 where they found Evelyn Joel. He said she was living with her daughter, Eleanor, and Eleanor’s partner Jonathan Costen. “The ambulance driver and his colleague will tell you that there was a fair amount of activity in the house on January 1.”

He said Mrs Joel was taken to Wexford General Hospital, adding that the jury will hear details about how she was treated and the fact that she died on January 7, 2006, at the facility. Following this the Garda investigation into her death will be outlined.

Mr Dillon told the jurors to treat each count as a separate trial.

The jury was also warned not to discuss the trial with each other away from the courtroom and never to discuss it with family or anyone else.