A trespasser who was fatally shot in the back of the head by law professor Diarmuid Phelan at his farm in Tallaght was previously arrested for burglary, during which he became "extremely violent", kicked a garda in the head and tried to jump from a patrol car, the Central Criminal Court has heard.
The murder trial jury was also told on Wednesday that father-of-four Keith Conlon was observed by gardaí in the vicinity of a halting site next to the accused's farm in Tallaght on two occasions in 2018.
Evidence was also given that one of the three trespassers on the accused's farmlands that day had declined to provide a statement to gardaí as he was concerned he would be viewed as "a rat".
Mr Phelan (56) has pleaded not guilty to murdering Keith Conlon (36) at Hazelgrove Farm, Kiltalown Lane, Tallaght, Dublin 24 on February 24th, 2022.
Mr Phelan is a barrister, law lecturer and farmer who owns Hazelgrove Farm, formerly a golf course in Tallaght.
Under cross-examination by Sean Guerin SC, defending, Sergeant Simon Whelan agreed that he was attached to the Detective Unit at the time of this incident and so had some familiarity with firearms.
Sgt Whelan told the jury in his direct evidence on Tuesday that he took the Smith & Wesson revolver belonging to Mr Phelan when he arrived at Hazelgrove Farm and made it safe.
He had said it was an eight-shot cylinder and there were eight rounds loaded into it. "I noticed three of the rounds had strike marks to indicate three rounds had been shot," he had said.
Sgt Whelan agreed with Mr Guerin that he was not a ballistics expert but had a familiarity with many different types of firearms.
However, he agreed he would defer to ballistic experts.
Mr Guerin put it to the witness that at least one bullet was discharged from the firearm which tragically killed Mr Conlon but he was not in a position to say whether the other two discharged rounds were bullets or birdshot. "No, I wouldn't be able to say that," replied the sergeant.
Asked whether he knew Mr Conlon, Sgt Whelan said he had been based in Tallaght in 2010 and agreed he had known the deceased for some time and had met him on and off.
Previous conviction
Sgt Whelan agreed that on the first occasion he had met Mr Conlon, who is also known by the name Keith Green, was when he observed him driving a red Ford Transit Connect, leaving the Hazel Hill Halting site with two other men on July 1st, 2018.
Mr Guerin put it to the witness that Hazel Hill Halting site is immediately below Hazelgrove Farm. Sgt Whelan said there was a field between them.
The witness agreed that he and his colleagues had also met Mr Conlon and others travelling in a car on the Blessington Road in Tallaght on August 26th, 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 on their way to "the horses in the field behind Hazel Hill Halting site".
Mr Guerin told the witness that he wanted to ask him about another matter which occurred on January 26th, 2010, where three Garda vehicles had attended a location in Sandyford in response to a call reporting a suspected burglary.
Counsel put it to the witness that following a chase through the back gardens of a housing estate, a number of males had headed towards another estate and one suspect was arrested by Garda Ken McDonnell.
Sgt Whelan agreed that the person arrested was the deceased man Mr Conlon.
The witness agreed with the lawyer that Gda McDonnell had been kicked in the head by Mr Conlon, who had become extremely violent and had to be restrained and put into a patrol car. Sgt Whelan also agreed that Mr Conlon had tried to jump from the back of the patrol car.
Mr Conlon subsequently pleaded guilty to burglary and assault in Dún Laoghaire District Court.
In re-examination, Sgt Whelan agreed with Roisin Lacey SC, prosecuting, that the incident from January 2010 was some 12 years before the event that the jury are currently dealing with.
The witness also agreed that Mr Conlon was 23 years old in 2010. He further agreed that the assault of the garda was taken into consideration so no separate penalty was imposed for that offence.
Sgt Whelan agreed with Ms Lacey that the District Court is the lowest criminal court in the country dealing with less serious crime and that it was a section 2 assault.
She said there were "assaults of various gradations" and the sergeant said a section 2 assault lay at the lower level whereas a section 4 assault is at the higher level.
Sgt Whelan said Mr Conlon received a probation order for 12 months in relation to the 2010 matter, which was subject to various conditions including attending the probation service and availing of training.
Day of shooting
The next witness, Detective Garda Damien Reilly told John Byrne SC, prosecuting, that he was at the entrance gate to Hazelgrove Farm on February 22nd where he recognised a man he knew called Robin Duggan, who was very upset.
Mr Duggan indicated to the detective that the individual shot was his friend 'Bono', who was also known as Keith Conlon.
Det Gda Reilly said he had a conversation with Mr Duggan and tried to calm him down but that there was not much conversation from him. He said Kallum Coleman was also present and he had introduced himself.
The witness said he asked both men to provide statements. The men told the detective they were too upset and shocked to do so at the time but they would later.
Det Gda Reilly said he sat in the back of the patrol car with Mr Phelan when he was conveyed to Tallaght Garda Station following his arrest. He said Mr Phelan asked whether he could wash his hands.
Asked whether he had made an observation about his hands, the detective said they "appeared bloody, and he asked could he wash them".
The detective said the accused also asked whether the injured male was a Traveller. He said they arrived at Tallaght Garda Station after 2.10pm that day.
Under cross-examination by Michael Bowman SC, defending, the witness agreed that Mr Duggan and Mr Coleman were just inside the entrance gate.
He said he asked both men to come with him to Tallaght Garda Station and whether they wanted to be seen by paramedics. He said they declined to be seen by paramedics and didn't go to the garda station.
Concerns
Three days later, the detective agreed with counsel that he spoke to Mr Duggan, who told him that he had "numerous concerns" about making a statement, among them he raised concerns that he would be viewed as "a rat".
Det Gda Reilly agreed that Mr Duggan was asked in February this year whether he was willing to provide the telephone and the number he was using at the time to gardaí, but he declined.
In her opening address Roisin Lacey SC said the jury will hear evidence that on the day in question three men including Mr Conlon had trespassed on a wooded area of Mr Phelan's land while hunting foxes or badgers.
Ms Lacey said that Mr Phelan told gardaí he became concerned about a dog running loose on his land towards his sheep and shot it with his Winchester rifle, whereupon he said three men immediately "exploded" from the wooded area and began threatening him.
The 12 jurors were also told by the State 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 a second man 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.
Mr Conlon, from Kiltalown Park in Tallaght, was seriously injured in the shooting incident on February 22nd and died at Tallaght University Hospital two days later.
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.
