Woman (38) fails in bid to prevent manslaughter retrial
A woman charged with manslaughter through neglect of her mother has been refused leave to bring a High Court action aimed at preventing her retrial.
Eleanor Joel (38), daughter of the late Evelyn Joel, had sought permission to bring judicial review proceedings challenging the decision to retry her on a charge of gross negligence manslaughter of her mother.
Evelyn Joel (53) died in hospital on January 7th, 2006, a week after being admitted there from her daughter’s home in Enniscorthy, Co Wexford. The deceased had multiple sclerosis and had been living with her daughter prior to her death.
Yesterday Mr Justice Peter Charleton refused Eleanor Joel leave to bring the proceedings challenging her retrial.
Any matters that arose could be dealt with by applications to the trial judge, he said.
Ms Joel’s lawyers are considering whether to appeal the judge’s refusal of leave to the Supreme Court.
Following Evelyn Joel’s death, Eleanor Joel and her partner, Jonathan Costen (39), were charged with unlawfully killing her by way of neglect. The couple denied the charges.
Following a seven-week trial at Wexford Circuit Criminal Court last year, a jury failed to reach a verdict in the case.