Jury begins deliberations in trial of legislation professor Diarmuid Phelan

A jury started deliberating this morning within the trial of legislation professor Diarmuid Phelan, who denies murdering an intruder on his Tallaght farm.

Earlier than sending the jury to start their deliberations on Tuesday at 10.33am, the presiding decide, Mrs Justice Siobhan Lankford, requested them to be unanimous of their verdict.

She additionally thanked them for his or her presence on the Central Felony Courtroom on Tuesday morning, saying: “You will have been exemplary all through the trial.”

The decide had reviewed a “path to verdict” doc Monday night with a panel of 9 males and three ladies with the three verdicts open to them. The doc contained questions jurors should ask themselves to achieve their verdict.

Referring to the doc this morning, Decide Lankford reminded the jury that it’s a “steered means of arriving” at their verdict and that they need to do “no matter you suppose is greatest with the recommendation given to you.

The decide reminded the panel that they might make three verdicts in relation to the homicide cost towards Mr Phelan, specifically: responsible of homicide, not responsible of homicide however responsible of manslaughter or not responsible.

Jurors obtained 12 copies of the “path to verdict” doc. “This doc will current to you a proposed technique for reaching these verdicts, however that’s your small business,” she continued.

Decide Lankford requested the jurors to let the jury foreman know if they’d “any questions of any nature” and by way of breaks, that this was the a part of the trial they have been now conducting .

Decide Lankford concluded her indictment on Monday night in entrance of 12 jurors, nearly three weeks after the failure of the trial earlier than the Central Felony Courtroom on December 12 because of the unavailability of jurors and operating out of time.

The decide had already informed the jury in the course of the ninth week of the trial that they’d be accommodated as a result of they have been initially informed the case would final six weeks.

Earlier than Christmas, the decide spent 4 days presenting her case and summarizing the proof within the case.

Ms Justice Lankford had informed jurors on December 12 that as a result of they have been “in recess for a protracted interval” she would go away two circumstances pending till they returned to the Central Felony Courtroom on December 30; a abstract of the prosecution and protection information and a doc setting out “the authorized questions” they have to ask, which might “give them a path ahead to achieve the decision”.

Mr Phelan (56) has pleaded not responsible to the homicide of father-of-four Keith ‘Bono’ Conlon (36) at Hazelgrove Farm, Kiltalown Lane, Tallaght, Dublin on February 24, 2022.

Board examination

The accused is a lawyer, legislation professor and farmer, proprietor of Hazelgrove, a former golf course in Tallaght.

Earlier, in her presentation of the legislation, the decide informed the jury that they have to contemplate whether or not the State had confirmed that it was not fairly doable that Mr. Phelan unintentionally struck an intruder on his farm with a 3rd revolver shot.

Decide Lankford additionally informed the jury that in the event that they concluded that Mr Phelan did certainly intend to kill or significantly injure the intruder, they have to contemplate the problem of self-defence raised by the accused.

If the jury discovered {that a} affordable particular person would have used the diploma of drive utilized by Mr. Phelan within the circumstances during which the accused actually believed he would, Mr. Phelan was entitled to an acquittal on the grounds of self-defense.

In the event that they imagine the drive used was not affordable however Mr Phelan actually believed the drive was vital, they need to return a verdict of not responsible of homicide however responsible of manslaughter.

The jury had heard that on the day in query, three males – the deceased Keith Conlon, together with Kallum Coleman and Robin Duggan – had entered a wooded space of ​​Phelan’s land with out permission whereas searching foxes or badgers.

Mr Phelan informed Gardaí in interviews that he was involved a couple of canine operating free on his land in direction of his sheep. When he noticed the canine, he shot it together with his Winchester rifle, whereupon he stated three males instantly “exploded” from the woods and started threatening him.

Mr Phelan stated he was shaking with worry and “rushed” a financial institution to flee, however when the 2 males continued to reach he thought they have been “coming to hold out the threats that ‘they’d formulated’.

As they received nearer, Mr Phelan shouted at two of the unarmed intruders on his farm to “again off” earlier than firing three photographs from his Smith & Wesson revolver and stated he was “surprised when a person has fallen.

In keeping with the State, two of the three photographs have been fired into the air, whereas the third was aimed toward Mr. Conlon.

The prosecution additionally alleges that when the third shot was fired by Mr Phelan, the gun was pointed within the course of the deceased, who was shot at the back of the pinnacle as he turned away to depart.

It was in these circumstances, the prosecution alleges, that the accused meant to kill or significantly injure Mr Conlon.

The protection argues Mr Phelan by chance hit Mr Conlon as he fired three “warning photographs”.