A CHARGE of reckless endangerment in the case of the death of 58-year-old Wexford woman Evelyn Joel has been withdrawn, the jury was told yesterday.
Mrs Joel’s daughter, Eleanor (37) and her partner and co-accused, Jonathan Costen (39), of Cluain Dara, Enniscorthy, now face a single charge each of the unlawful killing of Evelyn Joel on January 7th, 2006, by neglect.
They had both previously been charged with reckless endangerment, but the jury was told yesterday by Judge Gerard Griffin that this charge was being withdrawn “for technical reasons”.
The court has previously been told by State pathologist Dr Marie Cassidy that Evelyn Joel, who was bedridden, died of pneumonia after most likely contracting blood poisoning from faecal matter infecting her open wounds.
Yesterday, public health nurse Bridget Kinsella said she became aware of Mrs Joel in 1999 when her daughter Eleanor called into the clinic looking for a walking frame for her mother, who was suffering from arthritis at the time.
In November 2000 Eleanor Joel arrived at the clinic seeking help for her mother, who was suffering from multiple sclerosis.
Ms Kinsella said Mrs Joel needed someone to look after her, adding that she was a wheelchair-user.
She told the court Mrs Joel did not want to see a physiotherapist even though this was recommended to her.
Ms Kinsella said November 18th, 2004, was the first time Mrs Joel came into her care. She said she was concerned Mrs Joel was living in a house on a slope.
She said Mrs Joel was not depressed when she saw her, describing her as a very independent, focused woman, who enjoyed knitting and watching TV.
The court heard that even though Mrs Joel was discharged from hospital in November 2001, she was not seen by a public health nurse for three years. Ms Kinsella said she did try to make contact with her, but this was not easy.
Justin Dillon SC, prosecuting, asked Ms Kinsella whether Mr Costen had ever contacted her, to which she replied he had not. When he asked her what power she had “to impose herself upon a situation”, she said she could go to the Garda if she was concerned, but that she did not go to the Garda as she had no reason to.
The trial continues.