The Daily Star Ireland
Diarmuid Rossa Phelan, a barrister, law lecturer, and farmer, has been acquitted of the murder of Keith Conlon, a 35-year-old man who was trespassing on his land in February 2022. The verdict was delivered after a lengthy trial at Dublin’s Central Criminal Court.
The jury, consisting of nine men and three women, deliberated for over six hours across two days before determining that Mr. Phelan acted in self-defense. They concluded he was under immediate threat when confronted by two trespassers on his property. Following the announcement of the verdict, Ms. Justice Siobhan Lankford informed Mr. Phelan that he was free to leave.
Keith Conlon, the deceased, was shot during an altercation at Hazelgrove Farm, a property owned by Mr. Phelan and previously a golf course in Tallaght. Mr. Conlon later died in hospital two days after the incident. The case revolved around whether Mr. Phelan had intentionally fired at Mr. Conlon or acted to defend himself against an imminent attack.
The prosecution alleged that Mr. Phelan had deliberately aimed the third shot at Mr. Conlon, hitting him in the back of the head as he turned to leave. However, the defense argued that the shot was accidental and occurred in a highly stressful situation. They contended that the alignment of the gun might have shifted due to repeated firing, combined with Mr. Conlon’s movements on an incline.
On the day of the incident, Mr. Conlon, along with two other men, was engaged in the illegal activity of badger baiting on Mr. Phelan’s property. Mr. Phelan stated that he initially fired at a lurcher dog running loose near his sheep, which prompted the trespassers to emerge from the woods, threatening him. Feeling overwhelmed and fearful, Mr. Phelan claimed he fired three shots in an attempt to deter the men, not to harm them.
The defense highlighted several possibilities that supported their case. They argued that Mr. Conlon could have inadvertently moved into the trajectory of a shot aimed to miss. Additionally, they suggested that the injury could have resulted from Mr. Conlon turning his head rather than his body at the time.
Ultimately, the jury rejected the prosecution’s assertion of intent to kill or cause serious harm. They found that Mr. Phelan acted out of genuine fear for his safety and that his actions, while tragic, did not amount to murder or manslaughter.
Mr. Phelan, who expressed no visible reaction during the verdict, later reunited with his family. In contrast, members of Mr. Conlon’s family left the courtroom immediately upon hearing the decision. The trial, which spanned ten weeks, concluded with Mr. Phelan being fully acquitted of all charges.
