Huntington’s disease sufferer who claims condition can be mistaken for drunkenness cleared of keg theft
A Huntington’s disease sufferer who claimed that he doesn’t drink and that his condition can be mistaken for intoxication has been placed on a peace bond for telling a hospital worker to “f**k off”, with a separate charge of stealing a beer keg two days beforehand dismissed.
Niall Kelly (30), of Granby Lane, Dublin 1, had pleaded not guilty to being intoxicated in a public place and engaging in threatening, abusive or insulting behaviour at St Vincent’s Hospital, Elm Park, Dublin 4, on April 24, 2025.
Garda Kieran Devitt told Dún Laoghaire District Court that when he arrived at the hospital, he saw Kelly telling a female staff member to “f*** off”. He said there was a smell of alcohol from Kelly and that he appeared unsteady on his feet.
During cross-examination, defence counsel Silvia Maria Crowley BL put it to the garda that Kelly does not drink and said his unsteadiness could be explained by Huntington’s disease, a condition which affects movement and balance and can make a person appear intoxicated.
Gda Devitt told the court that he knew Kelly and was aware that he does drink. He said he did not accept that Kelly’s behaviour on the day was solely due to his medical condition.
The witness told Judge Anne Watkin that he believed Kelly had been drinking and said he was unsteady on his feet and appeared to be a danger to himself and others.
Ms Crowley told the court that Kelly is dealing with a very serious diagnosis at a young stage of life. She said Huntington’s disease can cause involuntary movements and unsteadiness that may be mistaken for intoxication.
Ms Crowley said the condition has worsened and told the court Kelly is no longer able to work because of the illness. She stressed the illness was not being raised as a defence, but was only being used in mitigation.
Judge Anne Watkin said she was sympathetic to Kelly’s medical circumstances and accepted that the illness affects his behaviour and would take that into account.
However, she said the condition could not excuse abusive behaviour towards hospital staff.
“I cannot say that because somebody has a very difficult life they can do whatever they like”, the judge said.
Judge Watkin said she would deal with the case by way of a €500 peace bond that the defendant would be under for 12 months.
In a separate hearing, Kelly also pleaded not guilty to stealing a keg of alcohol valued at €200 from Farmer Brown’s pub in Clonskeagh, Dublin 4, on April 22, 2025.
A manager at Farmer Browns Clonskeagh told Dún Laoghaire District Court she saw two people taking the keg and called gardaí. She said it happened near Scully’s Field beside the Dodder walkway off Strand Terrace, where she said homeless people regularly gather to drink and cause problems for the pub.
A garda witness told the court that he downloaded the CCTV footage and kept it in a secured place, to which only he had a key. He said one of the males on the footage was identified as the accused.
However, Ms Crowley told Judge Watkin there was no clear chain of custody for the CCTV footage and the court could not be certain who had access to it, or when.
Judge Watkin found there was a gap in the continuity of custody of the CCTV evidence and the court could not be satisfied it could be relied on. She said the evidence was not sufficient and dismissed the charge.
Funded by the Courts Reporting Scheme
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