A law professor told a garda that he shot a trespasser on his Co Dublin farm, a murder trial jury has heard.
Giving evidence at the Central Criminal Court in Dublin, Garda Kevin Curran said in evidence that, when he asked Diarmuid Phelan on February 22nd, 2022 who shot Keith Conlon, Mr Phelan said: “I did.”
Asked where the gun was, Mr Phelan said “I have it here”. The witness said he then pulled a small black revolver from his jacket pocket and threw it to the side.
Under cross-examination, Garda Curran agreed Mr Phelan made those admissions immediately on being asked. He agreed that when he and other gardaí arrived at the farm, Mr Phelan flagged them down and was hurrying with a first aid kit towards where Mr Conlon lay injured in a field.
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Mr Phelan (56) has pleaded not guilty to the murder of Mr Conlon (36), who died on February 24th, 2022, at Hazelgrove Farm, Kiltalown Lane, Tallaght.
Sergeant Simon Whelan told the jury he could see a bullet wound in the back of the head of Mr Conlon, whom he knew, when he saw him on the ground.
He examined and made safe a Smith & Wesson revolver from which three bullets had been fired, he said. Five live rounds remaining in the cylinder were hollow-nosed .22 bullets which can cause more damage than other bullets, he said.
Sgt Whelan said he asked Mr Phelan how many shots had been fired and did he know how many had hit Mr Conlon.
Mr Phelan said the three rounds were possibly crow shot, for shooting crows and rats, the trial heard.
Sgt Whelan said he told Mr Phelan the five live rounds were .22 rounds and it would be unusual to load a gun with two different types of ammunition.
Mr Phelan “went silent” and did not answer, he said.
The witness said Mr Phelan had also told him about a rifle in the farmhouse that he had used earlier to shoot a dog. Sgt Whelan took possession of that rifle, a camouflage hunting rifle with a telescopic sight and silencer. He said it was loaded and he made it safe.
Both firearms were shown to the jury on Tuesday, the ninth day of Mr Phelan’s trial for the murder of Mr Conlon, who was one of three trespassers fox hunting on the farm on February 22nd, 2022.
The prosecution contends that 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 and a third shot penetrated Mr Conlon’s body.
Mr Phelan, the prosecution contends, had the necessary intent for murder.
The jury has heard Mr Phelan told gardaí he was “terrified” and believed that if he had not reacted immediately, “he would have got me”.
The prosecution has said it understands the defence case as being Mr Phelan was entitled to discharge his firearm as he did and it was a legitimate act of self-defence not done with intent to penetrate Mr Conlon’s body.
On Tuesday, the jury heard from several gardaí who were attached to Tallaght Garda station when they attended at Hazelgrove Farm on February 22nd, 2022 after being despatched there by Garda control.
Garda Curran said he and two colleagues received a call about 1.13pm related to an allegation about intruders at the farm and a dog being shot. They were informed en route about “new developments” in that a person had been shot.
The trial continues on Wednesday.
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