Man previously found guilty of attacking garda was shot at Diarmuid Phelan’s farm, murder trial heard

A man who was fatally shot in the back of the head by law professor Diarmuid Phelan at his farm in Tallaght had previously been arrested for robbery, during which he “used extreme violence”, kicked a garda in the head and tried to jump patrol. The automobile was heard in the High Criminal Court.

The murder trial jury was also told on Wednesday that father-of-four Keith Conlon was observed by gardaí near the defendant’s accommodation next to his farm in Tallaght on two occasions in 2018.

Evidence was also given that one of the three men trespassing on the defendant’s farmland that day had refused to give a statement to gardaí because he was concerned he would be seen as a “rat”.

Mr Phelan (56) pleaded not guilty to murdering Keith Conlon (36) at Hazelgrove Farm, Kiltalown Lane, Tallaght, Dublin 24, on February 24, 2022.

Mr Phelan is a solicitor, law lecturer and farmer who owns Hazelgrove Farm, a former golf course in Tallaght.

Cross-examined by Sean Guerin SC, defending, Sergeant Simon Whelan accepted that he was based in the Detective Unit at the time of this incident and therefore had some familiarity with firearms.

Sergeant Whelan told the jury in direct evidence on Tuesday that when he arrived at Hazelgrove Farm he retrieved Mr Phelan’s Smith & Wesson revolver and secured it.

He said it was an eight-shot cylinder and had eight bullets loaded in it. “I noticed that three of the rums had impact marks indicating that three bullets had been fired,” he said.

Sergeant Whelan agreed with Mr Guerin that he was not a ballistics expert but was familiar with many different types of firearms.

However, he acknowledged that he would consult ballistic experts.

Mr. Guerin testified to the witness that at least one bullet was fired from the firearm that tragically killed Mr. Conlon, but he was not in a position to say whether the other two bullets were bullets or birdshot. “No, I can’t say that,” the sergeant replied.

Asked if he knew Mr Conlon, Sgt Whelan said he had been to Tallaght in 2010 and had known the deceased for some time and had seen him occasionally.

previous conviction

Sergeant Whelan accepted that the first time he met Mr Conlon, also known as Keith Green, was when he observed him driving a red Ford Transit Connect with two men leaving the Hazel Hill Halting area on July 1. 2018.

Mr. Guerin stated that the Hazel Hill Halting site is just below Hazelgrove Farm. Sergeant Whelan said there was an area between them.

The witness accepted that he and his colleagues also encountered Mr Conlon and others traveling in a car on Blessington Road in Tallaght on 26 August 2018.

On that occasion Mr Conlon and Robin Duggan were passengers in a vehicle driven by another man. The men had told gardaí they were heading towards “the horses in the field behind Hazel Hill Halting grounds”.

Mr Guerin said he wished to ask the witness about another matter which occurred on 26 January 2010, in which three Garda vehicles went to a location in Sandyford following reports of a suspected burglary.

The solicitor put it to the witness that following a chase through the backyards of a housing estate, several men headed to another property and a suspect was arrested by Garda Ken McDonnell.

Sergeant Whelan accepted that the man arrested was the deceased Mr Conlon.

The witness agreed with counsel that Gda McDonnell was kicked in the head by Mr Conlon and that Mr Conlon was extremely violent and should have been restrained and put into a patrol car. Sergeant Whelan also accepted that Mr Conlon tried to jump out of the back of the patrol car.

Mr Conlon later pleaded guilty to burglary and assault in the Dún Laoghaire District Court.

On re-examination, Sergeant Whelan agreed with Roisin Lacey SC, prosecuting, that the January 2010 incident occurred some 12 years before the incident the jury was now considering.

The witness also accepted that Mr Conlon was 23 years old in 2010. He also accepted that the attack by the garda had been taken into account and therefore no separate penalty had been imposed for that offence.

Sergeant Whelan agreed with Miss Lacey that the District Court was the lowest criminal court in the country dealing with less serious offenses and that this was a section 2 assault.

He said there were “various degrees of attacks” and the sergeant said the 2nd division attack was at a lower level and the 4th division attack was at a higher level.

Sgt Whelan said Mr Conlon was given a probation order in relation to the matter in 2010, subject to various conditions, including attending a probation service for 12 months and receiving training.

shooting day

The next witness, Detective Garda Damien Reilly, told John Byrne SC, prosecuting, that on February 22 he was at the gate of Hazelgrove Farm and recognized a man there, called Robin Duggan, who was very upset.

Mr Duggan stated to the detective that the person shot was his friend ‘Bono’, also known as Keith Conlon.

Det Gda Reilly said he spoke to Mr Duggan and tried to calm him down but there was not much conversation coming from him. He said Kallum Coleman was also there and introduced himself.

The witness said he asked both men to testify. The men told the detective they were too upset and shocked to do so at the time, but would do so later.

Det Gda Reilly said he was sitting in the back of the patrol car with Mr Phelan when he was transported to Tallaght Garda Station following his arrest. He said Mr Phelan asked if he could wash his hands.

When asked if he made any observations about his hands, the detective said they “looked bloody and he asked if he could wash them.”

The detective said the defendant also asked if the injured male was a Traveler. He said they arrived at Tallaght Garda Station just after 2.10pm that day.

Cross-examined by Michael Bowman SC, defending, the witness accepted that Mr Duggan and Mr Coleman were just inside the entrance door.

He said he asked both men to come with him to Tallaght Garda Station and if they wanted to be seen by paramedics. He said they refused to be seen by paramedics and did not go to the garda station.

concerns

Three days later the detective agreed with the attorney that he had interviewed Mr. Duggan; Duggan told him he had “numerous concerns” about giving evidence, including concerns that he would be seen as a “rat”.

Det Gda Reilly said in February this year Mr Duggan was asked if he wanted to give gardaí the phone and the number he was using at the time, but he refused.

In her opening statement, Roisin Lacey SC said the jury would hear evidence that on the day in question three men, including Mr Conlon, trespassed on a wooded area on Mr Phelan’s land while hunting foxes or badgers.

Ms Lacey said Mr Phelan told gardaí that he became concerned about a dog running loose on his land towards his sheep and shot it with his Winchester rifle, whereupon three men from the woodland immediately “exploded” and began threatening him.

The 12 jurors were also told by the State that Mr Phelan said he was shaking with fear and “ran quickly” into a bank to escape, but when the deceased Keith Conlon and a second man continued to arrive, he believed they were “coming to carry out the mission”. They made threats.”

As they approached, Mr Phelan 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.

In her opening statement, Ms. Lacey said she expected the defense reasoning to be that the defendant had the right to discharge the firearm in an act of self-defense.

He stated that this was not done with the intention of causing the bullet to enter Mr Conlon’s body and that they would say that the puncture was an accidental, unintended consequence.

Mr Conlon, of Kiltalown Park in Tallaght, was seriously injured in the shooting incident on February 22 and died in Tallaght University Hospital two days later.

Ms Lacey emphasized that the situation in the state was that when the third shot was fired the gun was pointed in the direction of the deceased, who was shot in the back of the head as he turned to leave. “We say that under these circumstances the defendant had the intent to kill or cause serious injury,” the lawyer said.

The trial continues tomorrow before Miss Justice Siobhan Lankford and a jury of nine men and three women.