A law professor who denies murdering a trespasser in a fatal shooting at his farm was threatened and stoned by six men in a separate confrontation on his land, the Central Criminal Court has heard.
When the case was prosecuted in Tallaght District Court in 2017, one of the three defendants made a gun symbol with his hands within the courtroom and pointed it at leading barrister Diarmuid Phelan, another drew his finger across his throat and a third man clenched his fist while grinding his teeth.
In her opening address, Roisin Lacey SC said the jury will hear evidence that on the day in question three men – the deceased Keith Conlon, along with Kallum Coleman and Robin Duggan – had trespassed on a wooded area of Mr Phelan's land while hunting foxes or 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 24th, 2022.
The accused man is a barrister, law lecturer and farmer who owns Hazelgrove, formerly a golf course in Tallaght.
Mr Conlon, from Kiltalown Park in Tallaght, was seriously injured in the shooting incident on February 22nd and died from a single gunshot wound to the head at Tallaght University Hospital two days later.
Giving evidence over the last two days, Garda Stephen Murray told John Byrne SC, prosecuting, that he went to Mr Phelan's farm at Hazelgrove on June 1st, 2016, where the accused told him he had encountered six trespassers on his land and there was a confrontation.
Mr Phelan told the garda he had to retreat from the confrontation and get into his jeep. But, the garda said, the confrontation had continued on, and the individuals had thrown rocks at the accused's vehicle, which cracked his windscreen.
Ultimately, the garda said, four of the intruders were summoned to appear before Tallaght District Court where they were charged with trespassing and criminal damage.
Only three of the four males had made it to the District Court hearing before a judge as one of them died before the hearing date. The three defendants were convicted of the two offences.
Asked about an incident within the courthouse on March 31st 2017, Gda Murray said after Mr Phelan had given evidence in the District Court against the three defendants, the three of them banged at the exit door of the courtroom to get Mr Phelan's attention, where they made threatening gestures at him.
Mr Phelan said one of the defendants made "a cut-type throat gesture" at him, giving the impression he wanted him stabbed. The garda said he was standing beside Mr Phelan when this incident happened.
The three defendants were prosecuted for intimidating a witness, and they pleaded not guilty to the charges when the case came on for trial at the Circuit Court on two separate occasions.
However, the garda said in the run-up to the third trial date the prosecution was approached by the defence in relation to a plea deal, where the defendants would plead guilty to a section six public order offence.
The three defendants pleaded guilty to the lesser charge of a breach of the peace using threatening abusive or insulting behaviour.
One of the three defendants served a custodial sentence and the two other men received suspended sentences.
Under cross-examination, the garda agreed with Michael Bowman SC, defending, that the clubhouse on the accused's land had been burnt to the ground in March 2016 and there had been three fires on the premises within a six month period.
Mr Bowman said outbuildings on the land were "almost like a magnet to young people locally", who were hanging around drinking and lighting fires.
Mr Phelan, the court heard, had become aware of young people on his premises on June 1st, 2016, and had seen drug paraphernalia. He confronted the six trespassers but was abused, threatened, shouted at and stoned, said Mr Bowman.
Mr Bowman said after the hearing in March 2017, one of the men made a gun symbol with his hands and pointed it at Mr Phelan, another drew his finger across his throat to mimic cutting his throat and the third man clenched his fist while grinding his teeth.
The garda agreed that the three defendants were aggressive and trying to muscle each other out of the way to gesture at Mr Phelan.
Mr Phelan had called out to 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 their clients must not interfere with Mr Phelan.
The garda agreed that Mr Phelan was "understandably shaken" by the incident and "terrified" by the three men.
Mr Bowman said one of the six trespassers had been murdered in "tragic circumstances" in January 2017, but no prosecution ever ensued as there was insufficient evidence for a charge.
The garda agreed Mr Phelan was afraid that the three defendants, "who were well capable of carrying out the threats", would come to his farm to attack and shoot him.
Mr Bowman put it to the witness that his client's fears were well-founded but the garda said he could not say whether the three men would have carried out the threats made.
The garda agreed Mr Phelan had agreed to the plea deal as he didn't want any further acrimony or difficulty in his life.
The garda agreed that Mr Conlon and Robin Duggan had lived close to these men. "Yes, a 10-minute walk," said the guard.
In re-examination by John Byrne SC, prosecuting, the garda said the three males charged with making threatening gestures to Mr Phelan were 17, 18 and 19 years of age at the time.
Earlier, Sean Guerin SC, defending, said there had been a Whatsapp message exchange on November 20 2021 between Mr Conlon and one of the three defendants, who had served a custodial sentence and made a threat against Mr Phelan in Tallaght Courthouse.
The man had messaged Mr Conlon saying: "Bono do you have a quick shot of a wheel brace?".
Mr Conlon replied: "Got one".
Mr Bowman also read an email sent by the accused to now retired Detective Garda Colin Rochford, where Mr Phelan said: "There are serious problems, the lower sheds are taken over by criminals, the padlocks constantly removed and where cannot be removed doors levered open".
Mr Phelan said in another text message sent to the witness in July 2020 that there had been a dog attack on his sheep; three of them were lost and two damaged. The accused continued: "They have no fear whatsoever that gardai will do anything at all except perhaps just move them on if even that".
The 12 jurors were told by the State in their opening address that Mr Phelan said he was shaking with fear and "scrambled" up a bank to get away but when the deceased man Keith Conlon and Mr Coleman kept coming he believed they were "coming to fulfil the threats they had made".
As they got closer, Mr Phelan said he reached for his Smith & Wesson revolver in his pocket and fired in the air over their heads but was "stunned when one man went down", the court has heard.
In her opening speech, Ms Lacey said she expects the defence case to be that the accused was entitled to discharge the firearm in a legitimate act of self defence. They will say that it was not done with the intention of causing the bullet to penetrate Mr Conlon's body and that the penetration was an accidental, unintended result, she stated.
The State's case, Ms Lacey highlighted, is 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 when he had turned away to leave. "In those circumstances we say the accused intended to kill or cause serious injury," counsel said.
The trial continues tomorrow before Ms Justice Siobhan Lankford and a jury of nine men and three women.
