Courts / Dublin / Report

Murder accused did not have mental disorder, psychiatrist tells trial

Date
2021-10-06

Stage
Trial

Primary locality
Dublin

County
Dublin

Summary

In a trial held on 6 October 2021, Mark Whelan, aged 48, pleaded not guilty to the murder of Noel Thomas Whelan, the partner of his daughter, on 30 March 2019. The prosecution suggested that Whelan might be found not guilty by reason of insanity or diminished responsibility. A defence psychiatrist, Dr Francis Kelly, testified that at the time of the offence Whelan was voluntarily intoxicated with cocaine, cannabis and benzodiazepines, and that his psychosis was caused by intoxication rather than a pre‑existing mental disorder. He argued that Whelan did not know the nature or wrongness of his act and could not refrain from stabbing Noel Whelan. The state rebuttal psychiatrist, Prof Harry Kennedy, maintained that Whelan's symptoms were fully explained by substance misuse and that he had no underlying mental disorder. The case was set to continue before Justice Tara Burns and a jury.

Who, what, where, when and why

What: Report matter: Murder accused did not have mental disorder, psychiatrist tells trial. Charges or matters: murdering Noel Thomas Whelan at his home on 30 March 2019. Procedural stage: trial

When:

30 March 2019 Other
October 2011 Incident
June 2019 Incident
2021-10-06 Publication

Why: When he tied to recall it, he said it was like he'd been in a dream and he was now devastated because of the consequences of what had happened," he added. CNI source report

Case subjects

Mark Whelan

Accused

Charges: murdering Noel Thomas Whelan at his home on 30 March 2019 (Alleged Or Contested)

Plea: Not guilty

Outcome: Mr Whelan was transferred to the Central Mental Hospital about a week and a half after he was remanded in custody, and kept in initially in seclusion, Dr Kelly said.