THE SUPREME Court has made an order that documents concerning a review of the care provided by the Health Service Executive to Co Wexford woman Evelyn Joel be provided for the trial of her daughter and her daughter’s partner on charges arising from her death from alleged malnutrition.
The order was made yesterday under a settlement of legal proceedings brought over those documents. Those proceedings had delayed the trial for more than three years.
Ms Joel’s daughter Eleanor, and Jonathan Costen, have denied charges of unlawful killing and reckless endangerment of Ms Joel by allegedly failing to ensure she received nourishment and medical treatment.
Ms Joel (59) died in hospital some days after her daughter and Mr Costen called an ambulance to take her to Wexford General Hospital from their home in Cluain Dara, Enniscorthy, Wexford. Ms Joel was allegedly severely malnourished when she was admitted and she died on January 7th, 2006.
The trial of the couple was due to take place in the Circuit Court in 2008 but was adjourned pending the outcome of a High Court challenge by the HSE.
The challenge was to an order by Judge Michael White directing the HSE to disclose to the DPP certain materials relating to a review of the care provided by the HSE to Ms Joel in the two years before her death.