Phelan is phree

knucklehead6

found not guilty

RTE news : Phelan walks free from court following not guilty verdict

http://www.rte.ie/news/courts/2025/0103/1488941-diarmuid-phelan-court/

Quantum Erasure

https://www.boards.ie/discussion/2058386396/phelan-is-phree

Who?

Larbre34

I'm pleased for him and also pretty astonished.

It read to me like an open and shut case of Manslaughter.

As I sat in a Jury box a decade ago and listened to the Judge's Charge in a Murder case, he explained Manslaughter to us as an incident of confrontation or aggravation or misadventure or negligence escalating, and with no malice aforethought of harm or homicide, someone dying as a result.

Obviously the Jury have gone with the Padraig Nally precedent, that a person's property and family etc may be protected from all trespass, aggravation and harassment, full stop.

The civil rights NGO types will be incandescent!

PopePalpatine

Diarmuid Phelan, he was charged with murder after shooting and killing an intruder on his farm.

Allinall

https://www.boards.ie/discussion/comment/123013448#Comment_123013448

Played left back for Ireland.

Must be out of contract.

TinyMuffin

great. Having had a few confrontations with people out on land of ours and been on the receiving end of abuse and threats. Tis good news.

Rooks

Good.

TinyMuffin

I didn’t know you could own a handgun in Ireland.

Juran

Good. The right verdict.

gmisk

Good result, must be a huge relief for him and his family. It might put some manners on potential trespassers etc but I doubt it.

https://www.rte.ie/news/courts/2025/0103/1488941-diarmuid-phelan-court/

Damien360

Amazed at the result of this trial. But there were serious questions on the background of the man killed stated in court. Not a nice guy would be putting it mildly. But, had the gardai bothered to turn up when Phelan was constantly ringing them instead of ignoring the many calls (again stated in court), then the man may actually have lived. Definitely feels like a Padraig Nally case.

For the legal eagles here, can the state appeal that verdict in any way it is it now closed matter.

Larbre34

https://www.boards.ie/discussion/comment/123013494#Comment_123013494

Only if you have the right connections.

Good news. Foxhunting & badger-baiting are horrible activities.

Witcher

https://www.boards.ie/discussion/comment/123013506#Comment_123013506

'Constantly ringing them'?

He rang them once.

'Three 999 calls were made from the scene that day.

Ms Felgner’s call was the second and the trial heard she handed the phone to Mr Conlon and he spoke to the emergency operator moments after he was shot.

He was asked his age and he said: “35. I got shot at.”

The first call was made by ­Phelan before Mr Conlon was shot.'

https://www.thesun.ie/news/14033264/diarmuid-phelan-murder-trial-keith-conlon/

gmisk

https://www.boards.ie/discussion/comment/123013532#Comment_123013532

Agreed seemingly mobile devices had loads of evidence of animal abuse on them.

walshb

Had an idea he wouldn’t be found guilty a murder. Maybe manslaughter. Was reckless, but situation was quite tense/volatile it seemed

cheese sandwich

https://www.boards.ie/discussion/comment/123013506#Comment_123013506

There’s no appeal open to the state

Curse These Metal Hands

Poor lad was only looking to do a bit of trespassing to torture some animals.

XT1200

Delighted for the man. Enough is sometimes just that.

arctictree

Trespassers/Burglars in Ireland aren't used to coming across someone who is armed.

Oscar_Madison

I don’t condone unnecessary or excessive violence- I don’t celebrate the death of any person. But your land is your land- your property is your property. If you’re not safe there then where?

I’m glad to see that justice was served in this case - no whoops of delight or celebration - must be stressful for all concerned - but I’m of the strong view your home or property, is your castle - you should always feel safe there and you should be supported if you have to take radical action to defend it - not be sent to trial for murder, that’s for sure

StevenToast

Justice...well done to that Jury.

Phelan was defending himself and his land.

Sends a strong message out to trespassers who are up to no good to think twice.

Calahonda52

The question that needs to be asked is what environment had been created that led him to have a rifle and handgun.

His profession would have taught him that there is no justice for victims of this sort of stuff.

Montage of Feck

Im actually astonished he was found not guilty first time around. He had every right to defend himself as far as I'm concerned, good on the jury for applying common sense.

joseywhales

I think you could get licensed pre 2008 for a handgun but I don't know under what circumstance? Like how is it justified? You need it to hunt squirrels?

Pedro K

https://www.boards.ie/discussion/comment/123013522#Comment_123013522

That's not true. Anyone can apply for a license for a handgun, and they will get it provided they meet the licensing conditions.

Damien360

https://www.boards.ie/discussion/comment/123013536#Comment_123013536

On the day once but he had been ringing the gardai for weeks about trespassing on his lands. And they ignored them. Not the same guy but travellers on his lands which is why he asked the gardai if the man he shot was a traveller and he was not.

Pedro K

https://www.boards.ie/discussion/comment/123013669#Comment_123013669

You can still get licensed, but only .22. Justification is target shooting, which can only be done at a range.

Witcher

https://www.boards.ie/discussion/comment/123013690#Comment_123013690

Where was it stated his calls were ignored?

Madd Finn

https://www.boards.ie/discussion/comment/123013494#Comment_123013494

Whatever about "owning a handgun" I am appalled at the idea that you can use it on another human being with impunity. Never mind that the men on his property were clearly brutes who liked setting animals on other animals for fun, the idea that an Irish citizen can threaten another with a pistol is horrifying to me.

My own views on following the evidence was that murder was probably a verdict too far as he might not have intended to kill the man but he behaved recklessly and dangerously by discharging a firearm in that man's general direction, even if he was intending to aim it over his head. Manslaughter would have been the right verdict, it seemed to me.

Mind you, the "path to verdict" document given to the jurors by the judge seemed to be heavily loaded in the defendant's favour. Maybe the jurors felt they had been given little option but to acquit. But it's dangerous to insinuate any favouritism on the part of a judge to a member of his own profession. So I won't.

Still, bad taste in my mouth.

walshb

It’s clear as day from the key witness that the victim was moving away from Phelan when Phelan discharged the firearm. That is reckless and resulted in a human being losing his life. Folks who seem to be almost gleeful of the acquittal here stinks. Manslaughter it should be. Involuntary.. not sure our system has this.