A woman charged with manslaughter through neglect of her mother has been refused leave to bring a High Court action aimed at preventing her re-trial.
Eleanor Joel (38), daughter of the late Evelyn Joel, had sought permission to bring judicial review proceedings challenging the decision to re-try 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. The deceased suffered from multiple sclerosis and had been living with her daughter prior to her death.
Today, Mr Justice Peter Charleton refused Eleanor Joel leave to bring the proceedings challenging her retrial.
Any matters which 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 (38) and her partner Jonathan Costen (39) were charged with unlawfully killing Evelyn Joel by 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.
In her proposed proceedings against the DPP, the Garda Commissioner and Ireland and the Attorney General, Eleanor Joel had claimed there was a serious risk the re-trial would be unfair and contrary to her rights under the Constitution and European Convention of Human Rights.
Mr Costen and the HSE were notice parties to the intended proceedings.
In her application, Ms Joel sought an order from the Court preventing and restraining the respondents from taking any further steps in prosecuting her. She also sought declarations including that the common law offence of gross negligence manslaughter was unconstitutional.
She further sought declarations including the DPP and the Commissioner failed to make full disclosure to Ms Joel's lawyers.
It was argued the Garda had failed to adequately investigate the circumstances of Evelyn Joel's death and that their conclusions related to responsibility for Ms Joel's death were not based on thorough, objective and impartial analysis of all relevant elements.
