No jail despite neglect of dying Evelyn

A daughter who left her terminally ill mother isolated in a room, lying in a maggot-ridden bed of her own filth, has been given a suspended jail sentence along with her partner.

Eleanor Joel, aged 39, and Jonathan Costen, aged 41, received 240 hours of community service in the first case of unlawful killing by neglect.

Evelyn Joel, aged 59, who suffered from multiple sclerosis, was found seven years ago in the home the accused shared at 37 Cluain Dara, Enniscorthy, Co Wexford. She subsequently died in Wexford General Hospital on Jan 7, 2006.

At Wexford Circuit Criminal Court yesterday, Judge Seán Ó Donnabháin described the evidence as “gruesome”.

He sentenced the pair to two years’ imprisonment, suspended on condition they comply with recommendations in a social welfare report.

Tom Connolly, a brother of Evelyn Joel, said family members are angry and will never forgive the accused, who never apologised.

At the sentencing hearing yesterday, the judge said the accused pair’s neglect was their failure to seek help. He noted a jury had previously rejected the defence case that the tragedy arose because of the isolation, abandonment and lack of services available to the pair. The defence, he said, had also tried to ignore the accused’s part and implicate the health board.

Det Gda Martin Brauders told the hearing of having interviewed Costen, who said: “I am sorry for what happened Evelyn. For my part, she was neglected by both of us. The neglect went on for two to three weeks. She was not cleaned, nor was her bed. I don’t know about food.”

The detective told the court: “It concerned him, for he wanted her to die, but not in the house.”

In a victim impact report, Mr Connolly stated: “Even though we were always a close family, we were not always together.

“We found the whole incidences of the trials a whole sickening experience, while the family had not received any counselling but looked after each other.

“The family are very angry and will never forgive, for they have never received an apology from the accused. The family found it a whole experience they will never forget.”

Judge Ó Donnabháin said the pair would never have been convicted but for their co-operation with the State.

Rosario Boyle, defending Eleanor Joel, said it was very clear she had a disturbed childhood with her father drinking and carrying out violence towards her mother.

The judge said a psychological report also showed Eleanor Joel suffered from a high level of social introversion, which was one of the factors that mitigated against her from looking for help.

Dan Walsh, defending Costen, said the accused had been drinking heavily, some six to seven cans of beer every night, while the pair also had financial difficulties. He was struggling to cope with the normal demands of every day life.

Describing it as an exceptional case, the judge said, in his view, the case of gross negligence came about in the main because of the sole isolation of both accused.

Saying it was a case which would have merited a prison sentence, Judge Ó Donnabháin said the sentence may have to be activated if there was any failure to comply with the community service order or social welfare report.

He also ordered that both remain sober in public.