A man who died after being shot on a law professor’s farm was convicted 12 years earlier of assaulting a garda whom he kicked in the head, a murder trial jury has heard.
Keith Conlon was aged 23 when he admitted that assault, and 36 in February 2022 when shot on Diarmuid Phelan’s farm, said Sgt Simon Whelan.
Sgt Whelan was cross-examined on Wednesday, the 10th day of 56-year-old Mr Phelan’s trial. Mr Phelan has pleaded not guilty to the murder of Mr Conlon at Hazelgrove Farm, Kiltalown Lane, Tallaght, on February 24th, 2022.
The jury has heard Mr Conlon was one of three trespassers fox hunting on the farm on February 22nd, 2022. The prosecution says that after 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.
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During cross-examination on Wednesday, Sgt Whelan told Seán Guerin SC, for Mr Phelan, he was stationed at Tallaght for 12 years by February 2022 and knew Mr Conlon “on and off”.
Asked about an incident on January 26th, 2010, Sgt Whelan agreed three Garda vehicles went to a location in Sandyford in response to a call about a suspected burglary and, following a chase, Mr Conlon was arrested by another garda.
He agreed it was recorded Mr Conlon became extremely violent and was restrained by two gardaí, that Mr Conlon kicked one garda in the head, had to be restrained when he tried to jump from a patrol car and later pleaded guilty to burglary and assault of the Garda.
In re-examination, Sgt Whelan agreed with Róisín Lacey SC, for the DPP, that assault happened12 years before the incident on Mr Phelan’s farm, and Mr Conlon was aged 23 when convicted.
Det Garda Damian Reilly said he met Robin Duggan at the gates of Hazelgrove Farm on February 22nd, 2022. Mr Duggan was extremely upset and indicated his friend Bono — Keith Conlon — had been shot. Kallum Coleman was with Mr Duggan.
When he asked both men would they provide statements, they said they were too shocked and upset to do so at that stage but would later.
When he later sat alongside Mr Phelan in a patrol car en route to Tallaght Garda station, Mr Phelan had asked could he wash his hands, which were “very bloody” and also asked if the injured man was a Traveller.
Cross-examined by Michael Bowman SC, Det Garda Reilly said Robin Duggan had told him two or three days later he had concerns about making a statement, including he would be seen as “a rat”. He agreed Mr Duggan has never made a statement and had declined to provide his phone number or the phone he was using at the time.
The trial continues on Thursday.
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