Self defence .

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Dunwaters

Dunwaters

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www.independent.ie

Barrister Diarmuid Phelan walks free from court as Keith Conlon’s family express their ‘hurt’ over murder acquittal

Senior barrister and farmer Diarmuid Phelan has walked free from court after being found not guilty of murdering an intruder he fatally shot during a confrontation on his land.
www.independent.ie www.independent.ie

Have to admit I’m a bit surprised, despite our law on self defence being updated a while back specifically because Irish juries were notoriously reluctant to convict homeowners defending themselves and their property.
 
I have followed this case in some detail. On the initial reports as to the circumstances, I felt that Diarmuid Phelan was on a very sticky wicket. However, as the details of the incident became clear, which gave specifics and context to the incident, I felt that he was unlikely to be convicted. A person dying from a gunshot wound is never to be celebrated. In the end I believe that justice was properly served and that the jury found him not guilty in a measured and thoughtful way. Common sense and justice applied fairly! It illustrates that our legal system can work fairly. One must still have a great deal of empathy for Keith Conlon's family.
 
We have juries because despite the usual Daily Mail moaners about the Bristol statue case (Colston) the idea of "jury nullification" is an important part of justice. For there is "the law" and there is "justice" and there is "what is just". I don't make comment otherwise but hope it makes the point. The three are sometimes not the same.
 
I have served on a Jury in Scotland. The Sheriff (Judge in England) went to great lengths to explain to the Jury that we alone were the ones who would weigh up the evidence and decide whether or not the defendant was guilty or not. As to instructions from the Sheriff, he did gives us guidance as to how to consider the evidence, but he made it clear that we should each consider the evidence on its own merits. He also warned us that each of us would probably have a different view of the evidence - that is perfectly normal, but that we shouldn’t let one juror sway another.

Fundamentally though it is not for the judge, the barristers, the prosecution or police to determine guilt, only the jury of fellow men and women can determine guilt.

And juries are made up from members of the public, and should have no prior relationship or knowledge of the defendant.
 
In the interests of context - is it possible/legal to have a pistol explicitly for self defence and carry it around in your pocket etc in the Republic? I assume that was why he wasn’t also committing a firearms offence?
 
63 said:
In the interests of context - is it possible/legal to have a pistol explicitly for self defence and carry it around in your pocket etc in the Republic? I assume that was why he wasn’t also committing a firearms offence?
Click to expand...
yes.
 
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63 said:
In the interests of context - is it possible/legal to have a pistol explicitly for self defence and carry it around in your pocket etc in the Republic? I assume that was why he wasn’t also committing a firearms offence?
Click to expand...
Also for a select few in the UK
 
you break into my house where I live with my family , you are getting shot end of story. That’s your occupational hazard. It’s the risk you take. Thankfully I live in a state where I do not have to retreat. We have stand your ground laws.long live Castle doctrine. At the same time back in the UK where I lived for 15 years you have common law self defence, if you have a clear and imminent danger you can defend yourself with a reasonable force which is proportionate. The issue is opening a gun safe getting the gun out and loading it will not work on common law self defence. Remember the case where and old man was threatened with a screw driver and the old ban grabbed it and stabbed the burgler back and killed him. The old man walked out free.
 
63 said:
In the interests of context - is it possible/legal to have a pistol explicitly for self defence and carry it around in your pocket etc in the Republic? I assume that was why he wasn’t also committing a firearms offence?
Click to expand...
Sorry this response was for your comment, given he was on his own farm lands and from what I’ve read so far he had previously competed in target comps.

They have become pretty strict in Ireland over pistol ownership, can get a .22 handy enough with good reason but will prob never be able to licence a full bore unless you have had it years.
 
GHunterServiss said:
Sorry this response was for your comment, given he was on his own farm lands and from what I’ve read so far he had previously competed in target comps.

They have become pretty strict in Ireland over pistol ownership, can get a .22 handy enough with good reason but will prob never be able to licence a full bore unless you have had it years.
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Fair enough.

I know nothing about Irish law or shooting, but it seemed odd on the face of it that he wasn’t also charged with a lesser offence of some kind for taking the pistol into what was clearly a situation with significant scope for confrontation. (And noting he already had a rifle for the dog)
 
63 said:
Fair enough.

I know nothing about Irish law or shooting, but it seemed odd on the face of it that he wasn’t also charged with a lesser offence of some kind for taking the pistol into what was clearly a situation with significant scope for confrontation. (And noting he already had a rifle for the dog)
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Yes I was somewhat surprised by that too, think the fact they were legally held and he had good reason to hold them because of the farmland also think the fact he was only down for murder and not possession of the firearms in this court case.
Been a good bit of detail and interest in this case, which is interesting as normally it’s an illegally held firearm used in a murder case and it’s straight forward enough

I’m suprised but glad for him as he could have been done for manslaughter but wasn’t. Yes it is sad someone lost there life, but it was only a matter of time before something happened, with the amount criminal activity going on up and down the country.
 
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