The fatal shooting by law professor Diarmuid Phelan of a trespasser on his farm is “a tragedy and a grievous waste of human life” but it did not happen as a result of a crime on the accused’s part, a murder trial jury has been told.
The three shots fired by Mr Phelan from his revolver, one of which came into contact with Keith Conlon, were only ever intended as a warning, defence counsel Seán Guerin said.
Mr Guerin began his closing address on Tuesday in the trial of Mr Phelan (56), who has pleaded not guilty to the murder of Mr Conlon (36) at Hazlegrove farm, Kiltalown Lane, Tallaght on February 24th, 2022. Mr Conlon, a father of four, was pronounced dead at Tallaght University Hospital two days after he was critically injured in an incident at the farm.
Mr Conlon, Kallum Coleman and Robin Duggan had been using a dog to hunt down badgers and/or foxes while trespassing on the farm that day. After Mr Phelan, who said he was concerned about lambing ewes, shot Mr Coleman’s lurcher dog, there were heated exchanges with the trespassers and Mr Conlon and Mr Coleman followed him up a field.
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The prosecution case is that two shots were fired into the air by Mr Phelan and a third penetrated the body of Mr Conlon. They argued that when the third shot was fired, the deceased was hit in the back of the head as he turned away and, in the circumstances, Mr Phelan had the requisite intent for murder.
In his speech, Mr Guerin told the jury the case is “all about emotions”, particularly of fear and anger.
He said the prosecution argues that Mr Phelan was angry when he shot Mr Conlon, but “our case is he was in fear”. He said the defence was asking the jury, akin to James Joyce’s novel Ulysses, which told the story of Dublin by following a man around the city over an entire day, to “walk in the shoes” of Mr Phelan.
Mr Phelan had told gardaí he was in fear and terrified and had fired shots into the air to defend himself, he said. There was no disputing that Mr Phelan fired the shot that killed Mr Conlon, but he never intended to hit him, counsel said.
He said this was “an unintended killing” which was only accidental in the sense some movement of Mr Conlon or the gun had brought a bullet into contact with Mr Conlon.
Even if the prosecution proved the third shot had been aimed 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, he said.
The prosecution said the encounter between Mr Phelan and the trespassers was a verbal argument at all times but that “misses the point”. If Mr Conlon was only there to “talk” about the shot dog, why was he “closing on” Mr Phelan.
The entire issue in the case was “about what was going to happen next” and the jury must assess whether Mr Phelan’s fear that this was about to turn into a physical attack was reasonable.
The prosecution said both trespassers were unarmed but Mr Phelan did not know that, and a farm hand had said she feared one might have a knife. An unarmed attack can be as dangerous or fatal as an armed one, counsel added.
The prosecution also referred to the trespassers saying they would call the guards about the dog being shot, he said.
Mr Duggan and Mr Coleman both told gardaí they feared they would be seen as “a rat” if they gave evidence and Mr Coleman had gone to Spain rather than doing so, counsel said.
They “would not go to law in memory of their friend, a human being” who was shot and the prosecution was asking the jury to accept they would go to the guards over a dog, he said. “Are they serious?”
Mr Guerin said the prosecution had “placed all their eggs” in the basket of Hannah Felgner, a 19-year-old German student, who gave evidence that Mr Conlon had fully turned around and was walking or running away when the third and fatal shot was fired.
That account was not supported by three other farm hands who witnessed the shooting, Mr Phelan’s own account or what Ms Felgner herself had said in a 999 call seeking an ambulance in the immediate aftermath of the shooting, he said.
Mr Guerin will continue his address on Wednesday.
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