Judge enters not guilty plea on behalf of man charged with murder of his father
Alison O'Riordan
A judge has entered a not guilty plea on behalf of a 35-year-old man, who is charged with the murder of his father at their home in Dublin nearly two years ago, after the accused did not respond at his arraignment.
Seth Whelan, with an address at Herberton Park, Rialto, Dublin 8, was before the Central Criminal Court on Tuesday afternoon.
He is charged with the murder of Michael Whelan (64) at their flat on Herberton Park, Rialto, Dublin 8, on a date unknown between February 19th and 27th, 2024, both dates inclusive.
When the registrar read the first count on the indictment to the accused man and asked him how he was pleading, he did not respond.
Addressing Mr Whelan, Mr Justice Tony Hunt said: "I have to ask you if you are pleading guilty or not guilty to the allegation?". The defendant, who was standing in the dock, did not say anything.
Mr Justice Hunt told the jury panel that his only option was to enter a not guilty plea on behalf of the accused man.
Seth Whelan is also charged that on February 20th, 2024, at a neighbouring flat at Herberton Park, without lawful excuse damaged property, namely a Ring doorbell camera, intending to damage such property or being reckless as to whether such property would be damaged.
When the registrar read the second count on the indictment to Mr Whelan and asked him how he was pleading, the accused did not respond again.
Mr Justice Hunt said in circumstances where the accused was "not speaking or responding", he would enter a not guilty plea on his behalf.
The judge told the panel that they had seen Mr Whelan on the video-link but had not heard from him. "You have heard the charges read over to him," he added.
Mr Justice Hunt explained to the panel that in default of a response from the accused he had entered "a not guilty plea" on his behalf to the two charges.
The judge swore in a jury of four men and eight women to hear the trial, which will begin on Wednesday. The jurors were asked to make themselves available until February 20th next.
