Tom Tuite
A judge has agreed to suspend bail terms to let a senior barrister accused of murder take a short holiday within the State.
Law professor Diarmuid Phelan (53) is charged with the murder of father of four Keith Conlon at Hazelgrove Farm, Kiltalown Lane, Tallaght, on February 22nd.
After the shooting of his dog, Mr Conlon, from Kiltalown Park in Tallaght, was shot in the back of the head during the incident on Mr Phelan's farm.
The dog breeder was rushed to Tallaght University Hospital but passed away two days later.
The High Court denied Mr Phelan bail in March. However, the Court of Appeal later overturned that decision and released him on a €100,000 bail with conditions.
The case is due to resume at Dublin District Court on July 18th for the DPP’s directions to be obtained.
Bail terms
On Tuesday, the defence asked that court to lift some of the bail terms temporarily, namely; residency, a 10pm to 8am curfew, and having to sign on daily at a Garda station. Mr Phelan was not present for the application.
His barrister, Karl Monahan, told the court it was to facilitate “a short trip” for two days by Mr Phelan with his family within the State.
Judge Bryan Smyth noted there was no garda objection and lifted the bail terms for the two days.
However, the judge added the conditions would resume at the end of the 48 hours and Mr Phelan must remain contactable by mobile phone.
The other bail terms set by the Court of Appeal stated Mr Phelan is required to give gardaí access to all of his Irish and foreign bank accounts.
He must stay out of Tallaght and his properties in Co Wexford and have no contact with prosecution witnesses in the case. He was also required to surrender his passport, and instructed not to leave the State, join a gun club, or purchase any firearms.
During previous bail proceedings, the court heard Mr Phelan shot a dog using his rifle when the dog owner and his companions remonstrated that he had taken the revolver and fired three shots in their direction.
Mr Phelan claimed he was under various threats at the farm.
