Evelyn Joel case: DPP says no retrial for couple

A couple whose convictions for killing a 59-year-old MS sufferer by neglect were overturned earlier this month, will not face a retrial.

Evelyn Joel case: DPP says no retrial for couple

Evelyn Joel’s 41-year-old daughter, Eleanor, and her partner Jonathan Costen, aged 43, with last addresses at Cluain Dara, Enniscorthy, had pleaded not guilty to the unlawful killing of Evelyn by neglect in Co Wexford in January 2006. Following a retrial, they were found guilty at Wexford Circuit Criminal Court and were given a two-year suspended sentence by Judge Seán Ó Donnabháin in March 2013 on condition they carry out 230 hours of community service.

Earlier this month, they successfully appealed their convictions and the Court of Appeal was told yesterday morning the DPP will not be seeking a retrial. Counsel for the DPP, Justin Dillon SC, said his client wished to consider the judgment and his instructions this morning were that no retrial would be sought. Giving judgment on March 4, Mr Justice George Birmingham said Evelyn Joel moved in with her daughter in 2004. It was not expected to be a long-term arrangement but would last until Evelyn was offered suitable accommodation by the local authority.

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