Judge dismisses public order charges against diabetic man found slumped over railing in Dublin

A diabetic man was arrested after gardaí found him slumped over a railing in Ballsbridge. He faced charges of being intoxicated in a public place and engaging in threatening or abusive behaviour. Gardaí reported a strong smell of alcohol, apparent high intoxication, agitation, and hand movements, along with verbal abuse after being advised to take a taxi home. The defence stated he had lost his insulin pen and had been arguing with his partner about missing insulin before the police interaction. The court heard conflicting accounts about what occurred around 4am and found enough doubt that the man may have been suffering a medical emergency rather than acting aggressively drunk, leading to dismissal of both charges.

"A judge has dismissed public order charges against a diabetic man who was arrested after gardaí found him slumped over a railing in Ballsbridge, ruling there was enough doubt that he may have been suffering a medical emergency rather than acting aggressively drunk."

"Garda Stuart Temple told the court that he came across the accused slumped over a railing, during what he described as "breaks of the peace" in the area. The garda said there was a strong smell of alcohol from Mr Whelan, who he said appeared highly intoxicated, agitated and was "swinging his hands around in the air"."

"The court heard the accused allegedly became verbally abusive after gardaí advised him and his partner to get a taxi home. Garda Temple said the accused shouted "f****** arrest me then" and also made comments including "I pay your wages"."

"Defence counsel, Silvia Maria Crowley BL, told the court that her client was a severe diabetic who had lost his insulin pen earlier that night while attending a cousin's 21st birthday party. The court heard that Mr Whelan and his girlfriend had been arguing over the missing insulin before the interaction with gardaí."

Read at Irish Independent