A video recorded by a man before he was shot on law professor Diarmuid Phelan’s farm featured voices saying “we’re calling the guards” and “this is not the end of it mate, you shot the f***ing dog for nothing” has been played to a murder trial jury.
The jury heard the recording on Thursday, the seventh day of the trial at the Central Criminal Court of Mr Phelan (56), who has pleaded not guilty to the murder of Keith Conlon (36) at Hazelgrove Farm, Kiltalown Lane, Tallaght.
Mr Conlon was one of three trespassers who were fox hunting on the farm on February 22nd, 2022. The prosecution contend Mr Phelan shot a dog belonging to one trespasser, Kallum Coleman. It is claimed that exchanges with the trespassers followed and Mr Phelan later fired two shots into the air from his revolver, followed by a third shot which penetrated Mr Conlon’s body.
Mr Phelan, the prosecution argues, had the necessary intent for murder.
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The jury has heard Mr Phelan told gardaí he was “terrified” and believed that if he had not reacted immediately, “he would have got me”.
The prosecution said it understands the defence case as being Mr Phelan was entitled to discharge his firearm as he did and it was a legitimate act of self-defence not done with intent to penetrate Mr Conlon’s body.
On Thursday, Julian Roudaut, a French national, told John Byrne SC, for the DPP, he came to Ireland in 2021 to learn English and, in December 2021, went to work on Mr Phelan’s farm.
Giving evidence through an interpreter, he said, after hearing a dog barking , he went with Mr Phelan into a wooded area to investigate. Mr Phelan had a rifle and he saw him fire one shot but did not see if he shot anything.
A man appeared at the top of a steep bank and he and Mr Phelan were arguing in “quite rough” tones.
Mr Roudaut said he was feeling “very stressed” because of the shot and arguing, he turned around and he and Mr Phelan left the woods together and went back up the field. He saw two men come out of the woods and walk towards them.
Mr Phelan asked the men to keep their distance but they kept walking, he said. There were gunshots and he saw one man fall.
He said, after the first or second shots, the first man turned his back to Mr Phelan. He could not say if there were further shots.
After the witness said every shot “was meant towards the sky”, Mr Byrne asked was he sure. Mr Roudaut said “it was towards the sky, it is very confusing, I don’t have a lot of memory of the direction of the shots”.
He saw Mr Phelan “shooting towards the man but in the air”.
When Mr Phelan went to give the man first aid, he heard Mr Phelan say: “Oh sh*t”.
In cross-examination, Seán Guerin SC, for Mr Phelan, played a video recording from Mr Conlon’s phone featuring male voices saying words including “we’re calling the guards now”; “this is not the end of it, mate, you shot the f**king dog for nothing”, “this isn’t your property” and “you’re f**ked, watch, this is not the end of it, I’m telling you.”
Mr Roudaut said he was unable to hear those words at the time and could not understand the accents.
Counsel said there appeared to be three voices on the recording, the man with the camera, the man beside the dog and a man who could not be seen.
Mr Roudaut said he had “just wanted to leave this place” and agreed he was very stressed and somewhat afraid.
He agreed that Mr Phelan, after they left the woods, asked for his phone and made a 999 call.
The call was played to the jury in which Mr Phelan asked for gardaí to come quickly to the farm to deal with a “violent situation”. He is also heard saying: “Go back, keep your distance.”
The trial continues on Friday before Ms Justice Siobhán Lankford and the jury.
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