A Wexford woman and her partner have pleaded not guilty to the unlawful killing of the woman's mother five years ago.
37-year-old Eleanor Joel and Jonathan Costan, aged 39, are each facing two charges in relation to the death of Evelyn Joel in Enniscorthy.
Their trial before a jury of six women and six men has started at Wexford Circuit Court.
58-year-old Evelyn Joel died in hospital in Wexford on 7 January 2006, a week after she was taken by ambulance from the upstairs bedroom of the house in which she was living on the Cluain Dara estate in Enniscorthy.
She had been living there with her daughter Eleanor and Eleanor's partner Jonathan Costan.
Both are charged with the unlawful killing of Evelyn Joel by neglect causing her to die of pneumonia, complicating sepsis syndrome due to infected pressure sores due to immobilisation due to multiple sclerosis.
They are also charged with reckless endangerment that on a date between 1 December 2005 and the first of January 2006, they intentionally or recklessly engaged in conduct, namely the failure to ensure that Evelyn Joel received nourishment; to attend to her sanitary requirements; to attend to her lack of mobility, and/or to get her timely medical attention; which created a substantial risk of death or serious harm to her.
The prosecution case opened today with Mr Costan’s mother Phyllis the first person to give evidence.
She said that in August 2005, she went up and washed Evelyn Joel's hair and had a chat and a cup of tea with her.
Phyllis Costan described her as a bit of a stubborn woman in that she wanted to tidy up her bed but she wouldn't let her. She said Mrs Joel was in a wheelchair but she was able to hop from the chair to the bed.
She recalled that on New Year's Day 2006, she was phoned by Eleanor or Jonathan and asked to go up and give a hand giving Evelyn Joel a wash. She said that when she went up and saw her, she told Eleanor her mother was dying and they'd have to get an ambulance.
She said there was no smell in the room, saying she had touched her on the face with the back of her hand and that it was cold.
Liam O'Neill, an emergency medical technician who works for the Wexford ambulance service, said they got to the house around 7.10pm on New Year's Day.
He said that half way up the stairs he got a very strong odour and he found it hard to breath.
He told the court Evelyn Joel was in bed, that he spoke to her, she didn't answer but followed him with her eyes.
He said she looked very sick and didn't talk.
He said the room was filthy, there were nappies everywhere, plates with mould on them, it was very stuffy and hard to breath, adding there was an even stronger smell when the blankets were lifted off the bed, and that he had to leave room as he couldn't breathe.
His ambulance colleague, Ray Sinnott, said that when the duvet was pulled back, he saw a lot of nappies, excrement, urine, a stained mattress. He said she looked very thin and that there was excrement in her nails.
She was brought to hospital where care assistant Paula Malone helped give her a bath.
She told the court she could see Mrs Joel's bones and that there was an empty stare in her eyes, adding there were marks on her hips from pressure sores and a horrendous smell, which reminded her of flesh rotting.
The trial continues tomorrow and is expected to last three weeks.
