Phelan trial adjourned until end of December

The trial of barrister and farmer, Diarmuid Rossa Phelan, who is accused of murdering a trespasser on his land in February 2022, has been adjourned and will resume at the end of the month.

Mr Phelan, 56, denies murdering 35-year-old Keith Conlon at Hazelgrove Farm, Kiltalown Lane in Tallaght in Dublin on 24 February 2022.

Ms Justice Siobhan Lankford has been charging the jury and will continue her charge on 30 December.

The trial began on 17 October and was due to take six weeks but is now in its ninth week.

Two jury members have commitments next week and the jury cannot sit. They indicated this morning that they could return on 30 December and could also sit on 31 December and 2 and 3 January.

The trial has heard that Mr Conlon was one of three men trespassing on Mr Phelan's farm on 22 February 2022. The men were involved in fox bolting or badger baiting on the land, with dogs.

Mr Phelan shot a dog belonging to one of the men after hearing barking while he was working nearby, and was confronted by two of the men.

The prosecution claims Mr Phelan deliberately shot Mr Conlon in the back of the head as he had turned to leave.

Mr Phelan’s case is that he had no intent to kill or cause serious injury and that he fired three warning shots, the third of which hit Mr Conlon accidentally, due to a combination of factors, including the inaccuracy of the weapon, fear and distress and the movements of Mr Conlon.

The defence also claims Mr Phelan was acting in self defence. Mr Conlon died two days later in hospital.

The jurors have been told there are three possible verdicts open to them. They can return a verdict of guilty of murder, not guilty of murder but guilty of manslaughter or not guilty.

Ms Justice Lankford told the jurors that the trial had been extremely intense and the level of concentration required was extremely high.

She said if any of them wanted to return to work next week while the trial was adjourned, she would not prohibit them, but she said letters would be available from the registrar for anyone who did not want to go to work next week.

The judge said her own preference would be that the jurors keep their heads as clear as possible while the trial is not sitting and not be distracted by other things.

The judge said she would finish her charge to them when they return on 30 December. And she said she would also give them a document to refresh their memory on the legal issues and give them a path via which they could come to a verdict.

She wished the nine men and three women a very happy Christmas and advised them to say safe.