The trial of law professor Diarmuid Phelan, who has denied the murder of a trespasser on his Co Dublin farm, has been adjourned to tomorrow.
Ms Justice Siobhán Lankford told the jury on Wednesday they are “very close” to being told they can go out and start their deliberations.
The judge has almost concluded her charge, which has extended over almost three days, to the jury.
Due to juror unavailability on Wednesday afternoon, the trial was adjourned at 1pm on Wednesday to resume on Thursday morning.
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The judge has told them the three possible verdicts open to them are murder, manslaughter or acquittal.
The trial opened on October 16th last and was listed for six weeks but is now in its ninth week.
Due to juror unavailability, the jury is not in a position to sit on Friday or next week.
The forewoman has indicated they may be in a position to sit on Sunday December 22nd and Monday, December 23rd.
Ms Justice Lankford has told them they are not responsible for the trial extending beyond its listed time and they will be accommodated. There is no pressure on them, she stressed.
Mr Phelan (56), a senior counsel and law professor at Trinity College Dublin, 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 by Mr Phelan at the farm.
Mr Conlon and two other men, Kallum Coleman and Robin Duggan, were using a lurcher dog and a terrier to hunt down badgers and/or foxes on the farm on February 22nd.
After Mr Phelan, who the jury heard was concerned about lambing ewes, shot the lurcher, there were heated exchanges with the trespassers and Mr Conlon and MC Coleman followed Mr Phelan up a field.
The prosecution case is that two shots were fired into the air by Mr Phelan from his Smith & Wesson revolver and a third shot penetrated the body of Mr Conlon.
When the third shot was fired, the prosecution contend 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.
The prosecution say the intention was formed between the firing of the second and third shot.
Róisín Lacey SC, with John Byrne SC, when closing the case for the DPP, said there was “nothing in the encounter” with the trespassers 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 it.
The defence case is that there was no intention to hit Mr Conlon and Mr Phelan acted in self-defence. Mr Phelan had told gardaí he believed, if he had not reacted immediately, “he would have got me” and he was “terrified”, the jury heard.
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 and was “stunned” when he fell.
Mr Phelan was “outnumbered” and facing “imminent attack”, counsel said.
The defence case is the killing was unintentional for reasons including uneven terrain, movement of Mr Conlon up an incline; Mr Phelan being under stress and the light weight, trigger pull, and some deviation in alignment of his Smith & Wesson revolver.
The defence has also raised self-defence and the onus is on the prosecution to disprove that.
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