A key prosecution witness who did not come forward to give evidence in the trial of barrister Diarmuid Phelan, who was acquitted of murdering a trespasser on his Co Dublin farm, is facing contempt proceedings before the Central Criminal Court.
Kallum Coleman (23), from Drimnagh, appeared before Mr Justice Paul McDermott on Tuesday, having been arrested on foot of a warrant issued during the recent trial of Mr Phelan (56).
The trial heard that Mr Coleman had been due to testify, but left Ireland and travelled to Spain. He later agreed to return to give his evidence, but the jury was told he had “a change of heart” and “legged it” when gardaí stopped to get refreshments en route to a Spanish airport.
The evidence put before the jury was that Mr Coleman was trespassing on Mr Phelan’s land at Hazelgrove Farm, Kiltalown Lane, Tallaght, with Keith Conlon and another man on February 24th, 2022.
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How barrister Diarmuid Phelan was cleared of murder
Mr Phelan shot Mr Coleman’s dog due to concerns the dog might go after his sheep. An angry confrontation followed in which Mr Phelan produced a handgun and fired three shots, the third of which struck Mr Conlon in the head and caused his death.
Mr Phelan said he had acted in self-defence and that the shooting of Mr Conlon was accidental. A jury found him not guilty of the 35-year-old’s murder after a 10-week trial that ended on January 3rd.
Mr Coleman had been due to give evidence on October 30th, but failed to appear. The trial judge, Ms Justice Siobhán Lankford, issued a warrant for his arrest which was executed last week.
Róisín Lacey SC, for the Director of Public Prosecutions, told the court on Tuesday that Mr Coleman is facing contempt proceedings before Ms Justice Lankford, who is currently conducting a trial in Cork.
Keith Spencer BL, for Mr Coleman, said his client is in custody and wishes to have the matter dealt with at the earliest opportunity.
Mr Justice McDermott said Mr Phelan’s trial had faced a number of “complexities and issues”, one of which was Mr Coleman’s failure to attend. He said this had an influence on the running of the trial and it is appropriate for the trial judge to deal with it.
The judge adjourned the matter to 2pm next Monday in Cork for hearing before Ms Justice Lankford.
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