Defence concludes in Diarmuid Phelan murder case

The defence has closed its case after seven weeks of evidence in the trial of law professor Diarmuid Phelan who denies murdering a trespasser on his farm in Tallaght.

Evidence was given today 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 passing 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 24 February, 2022.

The accused man is a barrister, law lecturer and farmer who owns Hazelgrove, formerly a golf course in Tallaght.

Mr Conlon, from Kiltalown Park in Tallaght, was seriously injured in the shooting incident on 22 February and died from a single gunshot wound to the head at Tallaght University Hospital two days later.

The jury has heard that on the day in question three men - the deceased Keith Conlon, along with 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 today called four further witnesses to testify in the case on behalf of Mr Phelan.

Catriona Lambert from the lighting division of South Dublin County Council (SDCC) confirmed with Michael Bowman SC, defending, that an email was received from Mr Phelan at 10.30pm on 21 February, 2022, where he asked them to join up the public lighting around his property due to dumping in "dark zones".

The court heard more lighting was subsequently introduced in the area.

The next witness, Garda Bernard Briody, said he was acquainted with Mr Phelan about difficulties on his property and given unrestricted access to the land.

The witness said the accused was concerned about a person dumping a significant amount of material in a lane beside his property.

He said Mr Phelan had reported a vehicle in the area behaving in a suspicious manner and was in a position to further identify the vehicle registration.

Garda Briody said he later informed the accused that the registration plate had transpired to be a false one.

Under cross-examination, Garda Briody agreed with John Byrne SC, prosecuting, that when someone engages in "fly tipping" in a rural area there is nothing unusual about false number plates on a vehicle.

Another witness for the defence, Detective 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 Gda Dennison said a colleague believed Mr Phelan was happy for him to patrol his land as it may "alleviate the problem of trespassers".

The witness said the accused had reported to gardaí "constant trespassers" on his land, that these were aggressive and would not clear when asked to, saying "we will do whatever the f**k we like".

Litter including bottles, tampons, condoms and socks would be left on the grass and end up crushed into feed for the animals. Mr Phelan told gardaí he had been attacked several times and his family were afraid.

The accused said he had spent €5,000 over the years clearing dumping.

Det Gda Dennison said the accused made a statement that the former golf clubhouse on his land had been destroyed in March 2016 and the fire had also damaged services linked to the building including electricity, water, sewage and CCTV equipment.

The detective said on 24 October this year the roller gate to Mr Phelan's farm and its opening mechanism had been interfered with as well as a SIM card.

Mr Bowman said a complaint was noted in Pulse 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.

Superintendent Jason Miley confirmed to defence counsel that the accused was in the process of seeking to rent out the clubhouse before it was burnt down for an annual rent of €18,000 and sheds in the lower yard for €8,000 per annum including rates and insurance.

Mr Bowman then told the jury that this formally concluded the defence evidence.

Ms Justice Siobhan Lankford told the jurors she was sending them home until Monday and that 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 judge warned the jury not to discuss the case with other people or do their own independent research before sending them away until Monday.

The trial continues next Monday before Ms Justice Lankford and a jury of nine men and three women, when closing speeches will commence.