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Couple found guilty of killing MS sufferer by neglect to appeal convictions

Evelyn Joel with her daughter Eleanor, grand daughterand Eleanor's partner John Costen
Evelyn Joel with her daughter Eleanor, grand daughterand Eleanor's partner John Costen

A couple found guilty of unlawfully killing by neglect a 59-year-old MS sufferer will appeal their convictions next month.

Evelyn Joel's 41-year-old daughter, Eleanor, and her partner Jonathen Costen (43), with last addresses at Cluain Dara, Enniscorthy, pleaded not guilty to the unlawful killing of Evelyn by neglect in Co Wexford in January 2006.

They were found guilty by a jury at Wexford Circuit Criminal Court and were given a two year suspended sentence on condition they carry out 230 hours of community service by Judge Seán O'Donnabháin in March 2013.

The pair are appealing their convictions, however, the Director of Public Prosecutions is also appealing their sentences on grounds that they were unduly lenient.

Eleanor Joel and John Costen

Counsel for the Director of Public Prosecutions, Justin Dillon SC, told President of the Court of Appeal Mr Justice Seán Ryan that the appeals were fixed for hearing on April 29 and 30 next.

Mr Dillon asked the court to fix a a time limit for Ms Joel to file submissions to the undue leniency application. One week was sought by her barrister, James Browne BL, and he was given two.

In relation to the conviction appeals, Mr Dillon said his side had received Ms Joel's submissions. They were more comprehensive than was anticipated, Mr Dillon said.

As a result, the DPP were given an extended time limit of four weeks to reply to Ms Joel's submissions on her appeal against conviction.

The pair were not in court for the mention of their cases before President of the Court of Appeal Mr Justice Seán Ryan.