The defence has closed its case after seven weeks of evidence in the Central Criminal Court trial of law professor Diarmuid Phelan, who denies murdering a trespasser on his farm in Tallaght.
Evidence was given on Wednesday that Mr Phelan had reported constant, aggressive trespassers on his land, who would not disperse when asked and had said “we will do whatever the f**k we like”.
The trial also heard that a gate on Mr Phelan’s land had been spray painted with “a number of different expressions” including “RIP Bono” in relation to the death of trespasser and father-of-four Keith “Bono” Conlon.
Mr Phelan (56), a leading barrister, has pleaded not guilty to murdering Mr Conlon (36) at Hazelgrove Farm, Kiltalown Lane, Tallaght, Dublin 24, on February 24th, 2022. Mr Conlon, from Kiltalown Park in Tallaght, was seriously injured in the shooting incident on February 22nd and died from a single gunshot wound to the head at Tallaght University Hospital two days later.
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The jury has heard that on the day in question, three men – the deceased Keith Conlon, Kallum Coleman and Robin Duggan – had trespassed on a wooded area of Mr Phelan’s land while hunting foxes or badgers.
Evidence has been given that the accused had shouted at two unarmed trespassers on his farm to “get back” before he fired three shots from his Smith & Wesson revolver. Mr Phelan maintains he accidentally hit Mr Conlon while firing “warning shots” during the confrontation.
The defence on Wednesday called four further witnesses to testify in the case on behalf of Mr Phelan.
Det Garda Maria Dennison confirmed with defence counsel that the accused had reported trespassing incidents on his land between 2015 and 2019, and he was told by a garda “not to approach any trespassers”.
Gardaí had “cleared” people from the accused’s land, including two men and a dog who said they were hunting on the land.
Det Garda Dennison said a colleague believed Mr Phelan was happy for him to patrol his land as it might “alleviate the problem of trespassers”.
The witness said the accused had reported to gardaí “constant trespassers” on his land, and that they were aggressive and would not clear when asked to, saying “we will do whatever the f**k we like”.
Michael Bowman SC, defending, said a complaint was noted in the Garda Pulse system where another gate – the old golf club entrance – had been spray-painted with “a number of different expressions” including “RIP Bono” in relation to the passing of Mr Conlon and other matters of that nature.
Supt Jason Miley confirmed to defence counsel that the accused was in the process of seeking to rent out the clubhouse for an annual rent of €18,000 before it was burnt down, and sheds in the lower yard for €8,000 per annum, including rates and insurance.
Mr Bowman then told the jury this formally concluded evidence from the defence.
Ms Justice Siobhan Lankford told the jurors she was sending them home until Monday and that this was all the evidence they were going to hear in the case. “The next phase of the case is speeches from counsel and me talking to you about the law,” she added.
The trial continues next Monday before the judge and a jury of nine men and three women, when closing speeches will commence.
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