Courts / Dublin / Report
State suggesting that even people of means make legal aid applications, barrister for acquitted law professor tells court
Summary
The Central Criminal Court will decide in September whether the State should pay the legal costs of Diarmuid Phelan, a law lecturer and farmer who was acquitted of murdering a trespasser on his farm. Phelan, who has assets in the millions, did not apply for legal aid and instructed four counsel and expert witnesses during his 10‑week trial that ended in January. He maintained that he fired three warning shots in self‑defence and that the fatal shot was accidental. The jury agreed with his defence, finding he was entitled to defend himself when threatened on his land. Sean Guerin SC, one of Phelan's senior counsel, argued that the verdict should entitle Phelan to his costs and that the State's suggestion that even those of means should apply for legal aid misrepresents the scheme. John Byrne SC for the DPP countered that an acquittal does not automatically create a presumption in favour of costs. Diarmuid Phelan pleaded not guilty.
Who, what, where, when and why
What: Report matter: State suggesting that even people of means make legal aid applications, barrister for acquitted law professor tells court. Charges or matters: murdering father-of-four Keith 'Bono' Conlon (36) at Hazelgrove Farm, Kiltalown Lane, Tallaght, Dublin 24 on February 24, 2022. Procedural stage: finding. Findings: Acquitted
When:
- January 3 Hearing Or Sentence
- October 2024 Hearing Or Sentence
- February 24, 2022 Incident
- February 22 Incident
- 2025-07-31 Publication
Why: The lawyer said legal aid had been put in place because of the desperate injustice done to people who couldn't secure the means to defend themselves and to protect those of limited resources. CNI source report
Case subjects
Defendant
Charges: murdering father-of-four Keith 'Bono' Conlon (36) at Hazelgrove Farm, Kiltalown Lane, Tallaght, Dublin 24 on February 24, 2022 (Alleged Or Contested)
Plea: Not guilty
Finding: Acquitted
Outcome: Acquitted
Places mentioned
- Central Criminal Court
- Kiltalown Lane
- Kiltalown Park
- Tallaght University Hospital
Topics
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