A jury will begin considering its verdict on Tuesday in the trial of law professor Diarmuid Phelan who denies the murder of a trespasser on his Co Dublin farm.
Ms Justice Siobhán Lankford continued her lengthy charge on Monday when the trial, now in its 10th week, resumed before the jury. The judge concluded the charge just before 5pm, and asked the jury of nine men and three women to begin their deliberations at 10am on Tuesday.
They have been told that three possible verdicts are open to them: murder, manslaughter or acquittal.
Each juror will be given a detailed “route to verdict” document on Tuesday setting out the questions to be considered in their deliberations.
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A senior counsel and law professor at Trinity College Dublin, Mr Phelan (56) has pleaded not guilty to the murder of Keith Conlon (36) at Hazlegrove farm, Kiltalown Lane, Tallaght, on February 24th, 2022. A father of four, Mr Conlon was pronounced brain dead at Tallaght Hospital on February 24th, two days after he was shot at the farm.
When the trial opened before the jury on October 16th last it was listed to last for six weeks. It ran over that time and was in its ninth week when, due to juror unavailability and the Christmas break, it was adjourned on December 12th to resume on December 30th.
Evidence had concluded, and the jury also heard closing speeches from the prosecution and defence, followed by the judge’s charge, before the case was adjourned.
When they returned to the Central Criminal Court at 10am on Monday the forewoman passed a note to Ms Justice Lankford, informing the court one juror has difficulties attending on Thursday and Friday.
The judge’s charge on Monday mostly recapped the content of the closing speeches given by the prosecution and defence in early December, and concluded with her setting out the “route to verdict” document.
During the trial the jury heard Mr Conlon and two other men, Kallum Coleman and Robin Duggan, were using a lurcher dog and a Jack Russell terrier to hunt badgers and/or foxes when trespassing on Mr Phelan’s farm on February 22nd, 2022.
After Mr Phelan, who the jury was told was concerned about lambing ewes, shot the lurcher, Mr Coleman’s dog, there were heated exchanges with the trespassers and two of them, Mr Conlon and Mr Coleman, followed him up a field.
The prosecution case is two shots were fired into the air by Mr Phelan from his Smith & Wesson revolver and a third penetrated the body of Mr Conlon.
The prosecution says when the third shot was fired the deceased was shot in the back of the head as he turned away and, in the circumstances, Mr Phelan had the necessary intent for murder.
When closing the prosecution case, Róisín Lacey SC, with John Byrne SC, said the evidence, including from four foreign nationals who witnessed the shooting of Mr Conlon, established the prosecution case beyond reasonable doubt.
While not trying to minimise the “aggressive tone” of language used by Mr Conlon towards Mr Phelan, it was clear on the evidence that before the fatal shot was fired Mr Conlon had turned to go, counsel said.
There was “nothing in the encounter” that could have led Mr Phelan to believe he was being presented with such a threat of force to justify producing a revolver from his pocket and to repeatedly fire that, she said.
Mr Phelan denies any intent to kill or seriously injure Mr Conlon, and told gardaí in interviews he believed had he not reacted immediately “he would have got me” and he was “terrified”.
In his closing address for the defence, Seán Guerin SC, with Michael Bowman SC, said Mr Phelan fired three “warning” shots, there was no dispute the third hit and killed Mr Conlon, but Mr Phelan never intended to hit him.
Mr Phelan was “outnumbered” and facing “imminent attack”, counsel said.
The defence maintained this was “an unintended killing” which was only accidental in the sense some movement of Mr Conlon or the gun brought a bullet into contact with Mr Conlon, counsel said. Even if the prosecution proved the third shot was an aimed shot targeted at Mr Conlon, the use of force in what is described as legitimate defence – self-defence as prescribed by law – is a defence to murder and manslaughter.
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