Courts / Dublin / Report

Judge left 'totally in the dark' in murder accused barrister's bail application, court notes

Date
2022-04-07

Stage
Appeal

Primary locality
Tallaght

County
Dublin

Summary

In a High Court bail hearing, senior counsel Diarmuid Rossa Phelan, 53, accused of murdering Keith Conlon, 36, at Hazelgrove Farm, was denied bail by Justice Deirdre Murphy on grounds of flight risk. The Court of Appeal President, Justice George Birmingham, criticised the High Court judge for leaving him "totally in the dark" about Phelan's finances. Phelan's defence, represented by Karl Monahan, submitted a comprehensive financial statement and proposed a €50,000 surety from his sisters and a €50,000 cash deposit. Justice Birmingham demanded a full disclosure of assets, liabilities, income and property. The case was adjourned to the next term, with the State given time to review the financial documents before a further hearing. The hearing also noted that Phelan had shot Conlon in the back of the head after an altercation, and that he had previously fired at Conlon's dog. The court considered the seriousness of the charge and the evidence presented.

Who, what, where, when and why

What: Report matter: Judge left 'totally in the dark' in murder accused barrister's bail application, court notes. Procedural stage: appeal

When:

February 22 Incident
2022-04-07 Publication

Case subjects

Diarmuid Rossa Phelan

Appellant

Outcome: Last month, Ms Justice Murphy said that the applicant had a "powerful incentive to evade justice" based on the seriousness of the charge, the strength of the evidence, the likely sentence in the event of a conviction and alleged ongoing threats to the accused.; The Associate Professor of Law at Trinity College appealed the decision by the High Court not to grant him bail to the Court of Appeal on Tuesday and the matter was adjourned until today.