A JUDGE has ordered the disclosure of HSE documents in relation to the manslaughter trial into the death of Enniscorthy mother Evelyn Joel.
The trial, which was scheduled to begin at Wexford Circuit Criminal Court last Wednesday, failed to start following legal argument.
Yesterday Judge Michael White ordered the disclosure of HSE documents in the case to the Director of Public Prosecutions. Judge White noted that the HSE had set up an inquiry in which a committee was asked to review the services available to Ms Joel in the two years preceding her death.
Ms Joel's daughter, Eleanor (34), and Eleanor's partner, Jonathon Costen (35), Cluain Dara, Enniscorthy, Co Wexford, face charges of unlawfully killing Ms Joel contrary to common law on January 7th, 2006.
Judge White said his ultimate responsibility was that Eleanor Joel and Mr Costen would be afforded a fair trial."The documents may be of significance in the defence," the judge said.
Judge White added that the inquiry related to the issues on which Eleanor Joel and Mr Costen are charged, "the care of Mrs Joel in the final period of her life".
He requested that the documents be disclosed within two weeks, saying the court was anxious the trial would proceed in the current court sessions.
Last night the HSE said it would take further legal advice as it had acceded to a request from the gardaí not to proceed with publication of its draft report as this might prejudice any proceedings in the courts.
The HSE was concerned that, "The release of the documentation of the Independent Review Committee would . . . create serious and fundamental barriers to any future inquiries by the HSE or any public body. This would clearly be detrimental to public policy as inquiries into adverse incidents are critical for all public bodies, as they are the means by which causes are identified, lessons learned and accountability ensured."