Witness in barrister murder trial heard three shots fired

A witness in the trial of a law professor and barrister accused of murder has told a jury that a man who was shot while trespassing on a farm on which she was working was turning to go at the same time as she heard a third shot from a gun held by her boss.

Alexandra Fernandez was giving evidence in the trial of Diarmuid Phelan, 56, who is accused of murdering 35-year-old Keith Conlon at Hazelgrove Farm, Tallaght in Dublin in February 2022.

Mr Phelan denies murder and says Mr Conlon was shot by accident after he fired his gun in self defence.

The prosecution says he intended to kill or cause serious injury.

Giving evidence through an interpreter, Ms Fernandez told the court she had come to work on Mr Phelan's Dublin farm while taking a year's sabbatical from her work in transport logistics in 2022.

On February 22 that year she was working on the farm with others, picking up bushes that had been cut.

Mr Phelan’s dog had got loose and one of the workers, Julien Roudeau, had found him in some nearby bushes.

She said after he found the dog, Mr Roudeau and Mr Phelan returned quickly to the bushes and she heard some male voices arguing but she did not understand what they were saying.

When Mr Phelan and Mr Roudeau emerged from the bushes he asked her to take his dog and they walked back towards a digger.

She said Mr Phelan "looked normal but Juilen looked preoccupied".

Witness heard three shots, trial told

About five minutes later, she said she saw two men come out of the bushes and come towards them.

The first man was arguing and was only looking at Mr Phelan, she said. As he got closer she saw his eyes were wet and she thought he had been crying, she said.

She said the second man walking behind the first was also walking towards Mr Phelan and had to walk past her to do so.

She did not understand what was being said except for Mr Phelan saying "go, go" to the two men.

She said she was looking at the first man and heard a noise like a gun or a firework and turned to see Mr Phelan with a gun in his hand which was pointed into the air.

She said she heard a total of three shots and was looking at the first man who was starting to go back when she heard the third shot.

Questioned further, she said the man had kept walking towards Mr Phelan after the first shot and had seen him turn to go back at the same time she heard the third shot.

She said as the man passed her, she saw blood on his head and he took one or two steps before he fell into a bunker.

Mr Phelan continued to ask the men to go and the second man ran off, she said, adding that Mr Phelan approached the man and then asked them to call for help.

Asked what she was feeling when the men first approached she said she was concerned and thought they were going to do something to Mr Phelan’s dog because she knew that he had shot their dog.

The trial continues tomorrow.