The trial of law professor Diarmuid Phelan, who has denied the murder of a trespasser on his Co Dublin farm, has been adjourned to December 30th.
Ms Justice Siobhán Lankford is expected to complete her charge to the jury on that day after which they will be sent out to start their deliberations.
The trial opened on October 16th and was originally listed for six weeks but is now in its ninth week.
The jury had told the judge this week some of the jurors were unavailable on Thursday afternoon, Friday and all next week.
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After they indicated on Thursday their preference that the trial should resume on December 30th, the judge, who had earlier told them they were not responsible for the trial running longer than anticipated, agreed to that.
When adjourning the case to December 30th, she told the nine men and three women the trial has been “extremely intense” and the level of concentration required was very high.
Those who are in a position to do so can return to work next week if they wish but, if they had a preference not to, the court would provide a letter, she said. Her preference was for them to keep their heads “as clear as possible and continue to focus”.
Because the adjournment was for a long period, she was leaving “one short thing” over from her charge.
It is common for the judge to summarise the prosecution and defence cases and she would do that on December 30th, she said. If she did it now, it would “go over your heads”, she said. “It won’t be terribly long.”
She also hoped to give them a legal document to refresh their memories on the legal issues and to give them a path to follow which would lead to a verdict.
Earlier in her charge, the judge told them the three possible verdicts open to them are murder, manslaughter or acquittal.
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 Mr 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.
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 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.
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