A trespasser who was shot by law professor Diarmuid Phelan on his Co Dublin farm was breathing but unable to speak and his eyes were rolling when treated at the scene by a paramedic, the Central Criminal Court has been told.
Georgina Flynn, who was despatched to the farm with other paramedics at 1.14pm of February 22nd, 2022, said she and another paramedic ran to where Keith Conlon was lying on his back in a field.
Mr Conlon was breathing and had a pulse, she said, adding that they cut off his clothes to put a defibrillator on his chest. He was unable to answer any questions, there was pink froth at his mouth and his eyes were rolling.
They were told he had a gunshot to the back of his head, she said. She was told white powder close to his head was haemostatic powder, used to stem blood flow.
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Statements from two medical consultants were later read to the court concerning brain stem testing at Tallaght hospital of Keith Greene, also known as Keith Conlon. Brain-stem death was confirmed on February 24th, 2022, the court heard.
Wednesday was the sixth day of the trial of Mr Phelan (56) who has pleaded not guilty to the murder of Mr Conlon at Hazelgrove Farm, Kiltalown Lane, Tallaght.
Mr Conlon was one of three trespassers fox hunting on the farm on February 22nd, 2022. The prosecution case is that Mr Phelan shot a dog belonging to one trespasser, Callum Coleman, and exchanges with the trespassers followed. The trial heard Mr Phelan later fired two shots into the air from his revolver and a third shot penetrated Mr Conlon’s body.
Mr Phelan, the prosecution argues, had the necessary intent for murder.
The jury has heard Mr Phelan told gardaí he believed that if he had not reacted immediately “he would have got me” and that he was “terrified”.
The prosecution has said it understands the defence case as being that Mr Phelan was entitled to discharge his firearm as he did and it was a legitimate act of self-defence not done with intent to penetrate Mr Conlon’s body.
Earlier on Wednesday, Alexandra Fernandes, a French national who was working on Mr Phelan’s farm on February 22nd, 2022, was cross-examined by Michael Bowman SC, for Mr Phelan.
Through an interpreter, she said she saw Mr Phelan, another farm worker – Julien Roudaut – and Mr Phelan’s dog Tal go into bushes on the farm that day.
After they re-emerged and walked back up the field, she said she saw two other men come out the bushes, walking determinedly, arguing and shouting loudly at Mr Phelan.
She agreed the men never looked at, or for, anybody else other than Mr Phelan.
Mr Bowman remarked: “They only had eyes for Dermot.”
Ms Fernandes said Mr Phelan was telling them to: “Go, go.”
She agreed she heard a noise like a bang or firecracker and saw Mr Phelan with his arm in the air holding a pistol. The two men were walking towards Mr Phelan between a second and third shot, she said. Everything happened quickly, she agreed.
She said the first man started to turn around and she could see his face. He made one, possibly two, steps forward, stiffened and fell. She could see blood on his head.
She said she had seen a rainbow when looking down the field earlier and had said to Mr Roudaut, after he emerged from the woods, and other farm workers to make a wish. She said Mr Roudaut said “I just want to stay alive today” and she had said: “Me too.”
In re-examination by John Byrne SC, for the Director of Public Prosecutions, she agreed she said in direct evidence she thought she saw the two men turning back to go at the same time as the third gun shot.
The trial continues before Ms Justice Siobhán Lankford and the jury.
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