A man on trial for the alleged murder of his father will watch the proceedings by video-link after a judge noticed the accused was “rocking” and making “humming noises” that might have made it difficult for the jury to listen to witnesses giving evidence.
Seth Whelan (36) responded, “I don’t know”, when arraigned on a charge last week of murdering his father, Michael Whelan (64), at the home they shared in Herberton Park, Rialto, Dublin 8. His barrister entered a plea of not guilty on Whelan’s behalf.
Prosecution barrister Anne-Marie Lawlor has previously told the jury of six men and six women that gardaí found Michael Whelan’s body on the kitchen floor of the flat on February 27th, 2024. He had died from blunt force trauma to the head about one week before his body was discovered.
On Tuesday, Judge Caroline Biggs told the jury that it had become obvious that noises were coming from the accused man that might make it difficult for them to hear what witnesses and barristers were saying.
After sending the jury away for a time, Judge Biggs apologised for the delay but said time was needed to figure out how best to deal with the issue. She told the jury there will be no evidence in the trial that Whelan has a mental disorder and therefore insanity or diminished responsibility do not arise.
However, she said there was a reference to Whelan being autistic and some of his behaviours in court, including making humming noises and rocking in his seat, may be related to sensory or communication issues.
She said it is Whelan’s express wish to attend the rest of the trial by video-link. She said he will still be taking part in the trial process but will not be physically in the courtroom. Sending the jury home until Wednesday, she said it will take time to iron out the logistics to put the video-link in place.
The trial continues.