The jury in the trial of law professor Diarmuid Phelan, who has denied the murder of a trespasser on his Co Dublin farm, has been sent away until tomorrow.
Ms Justice Siobhán Lankford told the nine men and three women on Thursday that, for reasons outside her control, there was no work for them as a jury today.
She said the trial is making good progress. She had been told by counsel it is somewhat ahead of schedule and it was hoped it would finished within the schedule – six weeks – set out earlier.
Today was the eleventh day of the trial at the Central Criminal Court of Mr Phelan (56) who has pleaded not guilty to the murder of Keith Conlon at Hazelgrove Farm, Kiltalown Lane, Tallaght, on February 24th, 2022.
The jury has heard Mr Conlon, aged 36, was one of three trespassers fox hunting on the farm on February 22nd 2022.
The prosecution say Mr Phelan shot a dog belonging to one trespasser, Kallum Coleman. Exchanges with the trespassers followed. Mr Phelan later fired two shots into the air from his revolver; a third shot penetrated Mr Conlon’s body and he was pronounced dead two days later.
Mr Phelan, the prosecution contend, had the necessary intent for murder.
The jury has heard Mr Phelan told gardaí he believed, if he had not reacted immediately, “he would have got me” and was “terrified”.
The prosecution has said it understands the defence case as being that 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.
The trial resumes before the jury on Friday morning.
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