THE SENTENCE in the trial of two people found guilty of the death by neglect of a 58-year-old woman is to be appealed by the Director of Public Prosecutions on the grounds that it is too lenient.

Eleanor Joel (38) and Jonathan Costen (40) of Cluain Dara, were found guilty of the neglectful death of Evelyn Joel in 2006 at Wexford Circuit Criminal Court in November last year. The case had previously been heard in October of 2011 when the jury failed to reach a verdict.

Evelyn Joel, mother of the defendant, passed away at Wexford GeneralHospital on January 7, 2006 after she was removed from the home of the defendants six days earlier in an unsavoury condition. State Pathologist Marie Cassidy gave evidence at both hearings of the trial that Mrs. Joel had died from pneumonia.

The couple was sentenced to 240 hours of community service in lieu of two years in prison by Judge Sean O’Donnabháin when they attended court on March 4 of this year. He said that while the case would have merited a prison sentence he felt that community service was a more appropriate penalty as it would decrease the risk of social isolation which he felt was how the initial gross negligence came about.

That court appearance was expected to bring the landmark trial to a close after seven years but it has now been confirmed that the sentence will be appealed, a move that could see the case continue for another year to 18 months, incurring further cost to the State in the process.

The family of Evelyn Joel had expressed their unhappiness with the sentence when speaking to The Echo on the day of the sentencing.

The decision comes less than a month after the sentence was handed down at Wexford Circuit Criminal Court. It is understood that the defendants received the notice of appeal just before Easter.

The Echo understands that it is expected to take at least a year before the couple appears before the Court of Criminal Appeal.