Law professor who denied killing trespasser ‘stoned’ by six men on his land in separate incident – The Irish Times

A law professor who denied killing a trespasser on his farm was threatened and “stoned” by six men in a separate confrontation on his land. Central Criminal Court He heard.

When the case was heard at Tallaght District Court in 2017, one of the three defendants made a gun symbol with his hands in the courtroom and pointed it at lead barrister Diarmuid Phelan, another put his finger to his throat and a third man clenched his fist. The court listened while gnashing its teeth.

In her opening statement, Roisin Lacey SC said the jury would hear evidence that on the day in question three men (along with the late Keith Conlon, Kallum Coleman and Robin Duggan) trespassed on a wooded area on Mr Phelan’s land while hunting foxes or foxes. Badgers.

Mr Phelan (56) has pleaded not guilty to murdering father-of-four Keith “Bono” Conlon (36) at Hazelgrove Farm, Kiltalown Lane, Tallaght, Dublin 24, on February 24, 2022. The defendant is a lawyer, a jurist. The lecturer and farmer owns Hazelgrove, a former golf course in Tallaght.

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

Giving evidence over the last two days, Garda Stephen Murray told the plaintiff, John Byrne SC, that on June 1, 2016 he went to Mr Phelan’s farm in Hazelgrove, where the defendant told him he had encountered six trespassers on his land and that there had been an incident there. confrontation.

Mr Phelan told gardai he had to retreat from the confrontation and get into his jeep. However, the garda said the conflict continued and the men threw stones at the defendant’s vehicle, breaking its windshield.

The garda said four of the intruders were ultimately summoned to appear before Tallaght District Court on charges of trespass and criminal damage.

Only three of the four men were able to appear before the judge at the hearing in the district court because one of them died before the hearing date. The three defendants were convicted of both crimes.

Asked about an incident that took place in the courthouse on 31 March 2017, Gda Murray said that after Mr Phelan gave evidence against the three defendants in the District Court, the three defendants banged on the exit door of the courtroom to attract Mr Phelan’s attention. here they made threatening gestures at him.

Mr Phelan said one of the defendants made a “throat slitting gesture” at him and gave the impression he wanted to be stabbed. The garda said he was standing next to Mr Phelan when this happened.

The three defendants were tried for intimidating a witness and pleaded not guilty when the case was heard in the District Court on two separate occasions.

However, as the third trial date approached, the prosecution was approached by the defense about a plea deal in which the defendants would plead guilty to a section six public order offence, the garda said.

The three defendants pleaded guilty to a lesser charge of breach of the peace by using threatening, abusive or insulting behaviour.

One of the three defendants was sentenced to prison, while the other two received suspended sentences.

In cross-examination the garda agreed with Michael Bowman SC, who argued that the clubhouse on the defendant’s land had been burnt down in March 2016 and that there had been three fires at the premises in a six-month period.

Mr Bowman said the outbuildings on the site were “almost like a magnet for local youngsters” who hung around drinking and lighting fires.

The court heard Mr Phelan became aware of youths on his premises on June 1, 2016 and saw drug paraphernalia. Mr Bowman said he confronted six trespassers but was abused, threatened, shouted at and stoned.

Mr Bowman said after the hearing in March 2017 that one of the men made a gun symbol with his hands and pointed it at Mr Phelan, another pulled his finger towards his throat to simulate a throat slit and the third man clenched his fist. teeth

Mr Phelan addressed the judge and said he was too afraid to leave the court. The judge reconvened the court and the defendant’s legal representatives were told that their clients should not interfere with Mr Phelan.

The garda accepted that Mr Phelan was “understandably shaken” by the incident and “horrified” by the three men.

Mr Bowman said one of the six trespassers was killed in “tragic circumstances” in January 2017, but no investigation was launched because there was insufficient evidence to lay charges.

The garda accepted that Mr Phelan feared the three defendants “who were capable of carrying out the threats” would come to his farm, attack and shoot him.

In re-examination by prosecutor John Byrne SC, the garda said the three men accused of making threatening gestures to Mr Phelan were aged 17, 18 and 19 at the time.

Sean Guerin SC, defending, said that on November 20, 2021, a WhatsApp message exchange took place between Mr Conlon and one of the three defendants, who is serving a prison sentence at Tallaght courthouse, and who made threats against Mr Phelan.

The man had texted Mr Conlon: “Bono, can you take a look at the lug wrench?”

Mr Conlon replied: “There is one.”

The 12 jurors were told by the State that in his opening statement Mr Phelan said he was shaking with fear and “scrambling” into a bank to escape, but when the deceased Keith Conlon and Mr Coleman continued to arrive he believed they were “coming to get back”. Fulfill the threats they made.”

As he approached, Mr Phelan said he reached for the Smith & Wesson pistol in his pocket and fired into the air over their heads, but “was stunned when a man fell to the ground”, the court heard.

The trial will continue on Wednesday before Judge Siobhán Lankford and a jury of nine men and three women.