Irish Farmer Acquitted in Death of Trespasser During Badger Baiting Incident

In a significant verdict, Barrister, law lecturer, and farmer Diarmuid Rossa Phelan has been cleared of murdering Keith Conlon, 35, who died two days after being shot on Phelan’s property in February 2022.

The Acquittal

After a vigorous trial that spanned ten weeks, a jury of twelve members returned a verdict of not guilty on 29 August 2023, exonerating Phelan of the murder charge. Phelan, 56, had vehemently denied意图 to harm Conlon. It was the culmination of a debate that centered on self-defense rights.

Justice Siobhan Lankford delivered the verdict, stating, “Mr. Phelan is free to go”. The jury deliberated for six hours and fifty-one minutes spread over two days before arriving at their decision. Phelan’s lawyer highlighted that the panel of nine men and three women believed Phelan had acted justifiably to protect himself.

The Case for Self-Defense

The defense argued that after two trespassers approached him on his land, Phelan genuinely feared for his safety. Phelan claimed he was facing an immediate threat and was unaware that one of the trespassers had turned away to leave. In contrast, the prosecution alleged that Phelan intended to kill Conlon or cause him serious harm.

During the trial, evidence was presented suggesting that Phelan accidentally shot Conlon as he attempted to hit a loose lurcher dog near his property. The jury ultimately accepted Phelan’s account, determining that the actions taken were in self-defense. Importantly, three verdict outcomes were possible, and the jury chose in Phelan’s favor, rejecting both guilt and manslaughter claims.

The Incident

The tragic shooting occurred on 24 February 2022, at Hazelgrove Farm, located in Kiltalown Lane, Tallaght, Dublin. Keith Conlon, along with two others, trespassed on Phelan’s land, where illegal activity related to badger baiting was taking place. Phelan claims he shot the dog only after the men started making threatening remarks, causing him considerable fear.

Phelan was observed grappling with intense fear as the three trespassers, led by Conlon, advanced towards him. The farmer utilized a Smith & Wesson revolver and fired three shots, believing they were targeted to assure the men were retreating. Alas, one of the men fell seriously injured and died two days later in Tallaght University Hospital.

Jury’s Considerations

The jurors grappled with three possible verdict routes under Irish law. First, they had to establish whether Phelan intentionally targeted Conlon to kill or harm him gravely. If such intent existed, the second step was to assess if self-defense principles might still exonerate Phelan.

Under Irish legislation, if a “reasonable person” would have used the same degree of force in the circumstances Phelan perceived, the verdict was based on self-defense. Alternatively, if the prosecution couldn’t prove premeditation, the verdict was not guilty of murder.

Moreover, the jury had to contemplate if Phelan didn’t intend to harm but honestly believed necessary force was required to protect himself, thus warranting an acquittal unless his actions were objectively dangerous.

Conclusion

The acquittal of Diarmuid Phelan highlights the complexities involved in cases of self-defense, especially when tragic consequences follow. While the defense’s account was accepted, the incident remains a stark reminder of the serious nature of both illegal activities on private land and the use of firearms.

This verdict sends a powerful message about the legal parameters of self-defense under Irish law. It underscores the critical decision-making processes that juries must undertake in complex cases where intent to harm is questioned.

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