A man killed by a shot fired by a lawyer and farmer on a farm in Tallaght in February 2022, had a conviction for kicking a garda in the head, the Central Criminal Court has heard.
35-year-old Keith Conlon had also been seen by gardaí in the vicinity of a halting site beside the farm on two occasions four years previously.
56-year-old Diarmuid Phelan has pleaded not guilty to the murder of Mr Conlon at Hazelgrove Farm in Tallaght on 24 February 2022.
Mr Phelan claims he acted in self defence and Mr Conlon, who was unarmed and was trespassing on the land, was shot by accident.
The prosecution says Mr Phelan intended to kill or cause serious injury.
Sergeant Simon Whelan, who is attached to Tallaght Garda Station said he knew Keith Conlon, who was also known as Keith Greene, and had met him on and off.
Under cross-examination by defence counsel, Sean Guerin, Sergeant Whelan agreed that he had observed Mr Conlon on 1 July 2018, driving a red Ford Transit van, leaving Hazelhill halting site, with two other men. He agreed the halting site was situated below Hazelgrove farm with a field between them.
Sergeant Whelan agreed that on 26 August 2018 he and some colleagues spoke to Mr Conlon on Blessington Road in Tallaght, near Kiltalown Lane.
He said Mr Conlon and Robin Duggan were passengers in a vehicle driven by another man. The court has heard Mr Duggan is one of the men who was with Keith Conlon on Mr Phelan’s land when the shooting happened.
Sergeant Whelan said Mr Conlon told him they were on their way to their horses in a field behind the halting site.
Mr Guerin also put it to Sergeant Whelan that Mr Conlon had been arrested in January 2010, after gardaí responded to a suspected burglary in Sandyford in Dublin.
Sergeant Whelan agreed Mr Conlon as arrested following a chase through the back gardens of a housing estate.
He agreed that Mr Conlon became extremely violent when he was put in the back of a patrol car, and was restrained by two gardaí.
He also agreed that Mr Conlon kicked one of the gardaí in the head and attempted to jump from the back of the patrol car.
Mr Conlon subsequently pleaded guilty to burglary and assault in Dun Laoghaire district court.
Sergeant Whelan agreed with prosecuting counsel, Roisin Lacey that this incident had happened twelve years before the shooting in Tallaght and that Mr Conlon was 23 years old at the time.
He said the type of assault was the lowest grade of assault and agreed Mr Conlon had received a probation order for 12 months.
Garda Damien Reilly gave evidence that he went to Hazelgrove farm on the day of the shooting after becoming aware of an incident. He said he met Robin Duggan at the gate. Mr Duggan was very upset he said and told him his friend “Bono” – Mr Conlon’s nickname – had been shot.
He said he tried to calm him down. A third man, Kallum Coleman was also at the gate. He asked them about providing statements – they said they were too upset and shocked but both said they would later.
He told defence counsel, Michael Bowman that around three members of the Power family from the nearby halting site were also at the gate. One of the Powers told Garda Reilly he had gone onto the land to speak to Mr Phelan.
Garda Reilly said Mr Coleman and Mr Duggan declined to be seen by paramedics. He agreed that Mr Duggan had never made a statement about the events at the farm. He said Mr Duggan had “numerous concerns” – among them was a concern that he would be viewed as a rat.
Garda Reilly agreed that Mr Duggan was asked in February this year if he was willing to provide the telephone and the number he was using at the time to gardaí, but he declined.
Garda Reilly also told the court he was involved in bringing Mr Phelan to Tallaght garda station after his arrest.
He said Mr Phelan’s hands appeared bloody and he asked if he could wash them. He said Mr Phelan also asked if the man he had shot was a Traveller.
The trial will continue tomorrow.
