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Who is Diarmuid Rossa Phelan?
Mr Phelan is a senior counsel and an associate professor of law at Trinity College, where he lectures undergraduate and postgraduate students. His disciplines are in European Union law and competition law.The 53-year-old has been a member of the bar since 1994 and was called to the inner bar in 2008.
A father of four, he has an address at Kiltalown Lane, Tallaght, Co Dublin, where he has been farming since 2015, and holds lands in Wexford where he has been farming for more than 20 years.
What is he charged with?
He is accused of the murder of 36-year-old Keith Conlon at Hazelgrove Farm, Kiltalown Lane, Tallaght, on February 22nd. Mr Conlon, from nearby Kiltalown Park in Tallaght, was severely injured in the shooting incident and died at Tallaght University Hospital two days later.
What is alleged to have occurred?
During an application for bail by Mr Phelan this week, the High Court heard it would be alleged that a group of three unarmed men were out hunting with a dog at 1.10pm on February 22nd, when they entered lands at Hazelgrove Farm and had an encounter with the landowner, Mr Phelan. Det Garda Mick McGrath said it will be alleged that Mr Phelan firstly “deliberately shot” Mr Conlon’s dog with a legally held rifle “without any forewarning”. “A verbal altercation” then took place between two of the men and Mr Phelan.
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The detective said one of Mr Phelan’s employees told gardaí that the accused then fired three shots from a licensed revolver and the final shot was allegedly “fired directly” at Mr Conlon and hit him in the back of the head as he turned to run away. The court heard the senior lawyer told gardaí in interviews that he accepted he shot Mr Conlon with the licensed firearm but believed he was under threat and was “terrified” at the time.
The hearing was told that the accused has “extensive experience” with firearms and is a licensed owner of 10 firearms, which have been seized since his arrest.
Defence counsel Michael O’Higgins SC told the court that “the tenor” of his client’s statement to gardaí was that the shooting was an accident, where he had crossed the gun over from left to right in an arc and was left “stunned” by Mr Conlon’s injury.
What is he seeking in the High Court?
Mr Phelan is seeking bail on the single charge of murder.
What are the objections to his bail?
Det Garda McGrath said his position is that Mr Phelan is a likely flight risk and may not turn up for his murder trial.
It was alleged that the accused has had previous disputes in relation to land and trespass matters and “that a similar type of offending could occur”.
What did his lawyers submit to the court?
Mr Phelan’s lawyers argued that he will be “completely and utterly ruined” and his “life’s work wiped out” if he is not granted bail between now and his trial date, which they said could be up to three years away.
They submitted that their client is a law-abiding citizen and that he would give an undertaking not to contact any prosecution witnesses in the case. They said Mr Phelan had no history of fleeing from justice and his family were in Ireland, along with his assets and his job.
Mr O’Higgins said his client has a greater understanding of his bail obligations and having to meet a court order “than 99.9 per cent of the population”.
What next?
Ms Justice Murphy is expected to decide on Monday morning if Mr Phelan will be granted bail pending his trial or will remain in custody.