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'I kept saying I needed insulin': judge dismisses public intoxication case against diabetic man

Summary

Ben Whelan, a 26-year-old diabetic man, was acquitted of public order charges after being found slumped over a railing in Ballsbridge. The court heard conflicting accounts from gardaí and the defense about whether Whelan was suffering a medical emergency or acting aggressively drunk. Whelan claimed he was in need of insulin and repeatedly told gardaí he required medical help. His girlfriend testified that he was unwell due to a lack of insulin and that she informed the gardaí of his condition. Judge Anne Watkin dismissed the charges, noting the lack of detailed notes and the possibility that Whelan was experiencing a medical episode rather than being intoxicated. The judge acknowledged that Whelan had admitted to being aggressive but questioned whether his actions met the legal threshold for a public order offense. The court ruled that there was enough doubt to dismiss both charges, considering the possibility that Whelan was in need of medical assistance rather than being drunk. Ben Whelan pleaded not guilty.

Who, what, where, when and why

What: Report matter: 'I kept saying I needed insulin': judge dismisses public intoxication case against diabetic man. Charges or matters: being intoxicated in a public place and engaging in threatening or abusive behaviour on Pembroke Road, Dublin 4, in the early hours of November 10, 2024. Procedural stage: charge_or_pretrial

When:

• November 10, 2024 Incident
• November 2024 Incident
• 2026-05-19 Publication

Why: Mr Whelan's girlfriend told the court that the defendant had been holding onto the railing because he was becoming unwell rather than drunk, adding that she informed gardaí he was insulin-dependent and needed help. CNI source report

Case subjects

Places mentioned

Topics

Public Order Stage Charge Or Pretrial

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Read the original CNI report