Courts / Dublin / Report

Lawyers for murder accused barrister can request interview with eyewitnesses

Date
2022-05-24

Stage
Appeal

Primary locality
Tallaght

County
Dublin

Summary

In a 2022 case, senior barrister Diarmuid Rossa Phelan, 53, was charged with the murder of Keith Conlon, 36, at Hazelgrove Farm, Tallaght, on 22 February. Conlon was shot, severely injured, and died two days later. Phelan was remanded after appearing at Tallaght District Court on 25 February, and a bail application was initially refused by the High Court. The Court of Appeal overturned that decision, granting bail after two €50,000 bonds were lodged. At a Court of Appeal hearing, Phelan's lawyers requested to interview four eyewitnesses—foreign students who were present during the shooting—using remote technology. The State objected, citing the Book of Evidence not yet served, but the Court of Appeal allowed the request, excluding a fifth witness not a student. The ruling clarified that the State could not interfere with the accused's right to defend once the Book of Evidence is served.

Who, what, where, when and why

What: Report matter: Lawyers for murder accused barrister can request interview with eyewitnesses. Charges or matters: Mr Conlon's murder shortly afterwards and was remanded in custody after appearing at Tallaght District Court on February 25. Procedural stage: appeal

When:

February 22 Incident
February 25 Adjournment
2022-05-24 Publication

Why: At a hearing at the Court of Appeal today, Court President Mr Justice George Birmingham was told that lawyers representing Mr Phelan wanted to interview a group of witnesses to the fatal shooting, but the State was objecting to the request because the Book of Evidence had to yet to be served on the accused. CNI source report

Case subjects

Diarmuid Rossa Phelan

Accused

Charges: Mr Conlon's murder shortly afterwards and was remanded in custody after appearing at Tallaght District Court on February 25 (Alleged Or Contested)

Outcome: Mr Phelan – who is a senior counsel and professor of law at Trinity College, Dublin – was charged with Mr Conlon's murder shortly afterwards and was remanded in custody after appearing at Tallaght District Court on February 25.

Keith Conlon

Appellant

Charges: Mr Conlon's murder shortly afterwards and was remanded in custody after appearing at Tallaght District Court on February 25 (Alleged Or Contested)