It reminds me a lot of the Padraig Nally case in Mayo. The key issue is of course intent and whether he felt he was in immediate danger. I have a feeling he will be acquitted of the main charge. I do think its more a manslaughter case than a murder case. Love your channel Terry.
Nally stood over Ward and shot him a second time after beating him 20 times. If Nally could get off for that on a defence that he was in fear, then there is no way Phelan could be convicted. Who knows though, juries can reach strange conclusions.
@michaelgavin5612 Maybe I should set up my own channel as at least I have one fan in you. I also note that Terry said in one of his recent videos that he has certain types of people who comment on his UA-cam channel. One of the types is those that are against everyone and everything. Remind you of anyone?😅 Perhaps you could try to say something from scratch rather than just been critical of people who have at least something original to say, no matter how many times they say it. "Wrath is cruel, anger is overwhelming, but who can stand before jealousy"
Similar to the case like Tony Martin. Farmer in England, shot guy who was breaking into his farm. He was convicted of murder then reduced to manslaughter on appeal. He served 3 yrs. He had a lot of public support though.
No, completely different. There was a case against Martin. No warning given. Shot in the back etc. In this case there were two previous shots, easily could be a carelessly aimed warning shot. Guarantee this won't be murder, and I bet not manslaughter either. Who knows though, juries are weird.
@lubumbashi6666 I agree to certain extent about the differences but Tony Martin had had issues before that actual burglary with break ins and incidents. That's why there was so much public outcry. If the happened in certain states in America, it wouldn't even touch court. They have the Castle Law, it's an extreme law but if a person is tortured and afraid for their safety or property, what other means do they have to protect themselves?
There is a case against Dairmuid Phelan, otherwise he would not be standing trial. I am impressed that your knowledge is superior to the juries and that they are 'weird'.
@michaelgavin5612 You need to get a life, my friend. Is that how you spend your life being a miserable troll? And keyboard warrior?😅 It's very sad really.
No matter what way you look at it ,it’s a terrible tragic .. as a Psychologist ,I’d say he was driven to distraction , and. acted in that state of mind ..it’s amazing what we will do while protecting our patch ::: The field springs to mind !Great video as always Terry .
The victim was never accused of being involved in the drinking and drug taking on the defendants lands, he was said to have been poaching, but when the accused shot his dog dead he couldn't poach. Driven to distraction you don't get a gun you call the police.
Its not difficult to accept he was highly stressed. From what I know, the significant factor for the jury to decide is that 3rd shot. Was it aimed or a warning shot like he claims ? As a law professor he knows the significance of the difference, murder vrs manslaughter. As a criminal trial this belief needs to be beyond reasonable doubt
I would not describe what Diarmuid Phelan did as 'amazing'. Having a loaded revolver in broad daylight was crass. I don't think Phelan was in much danger at all, there were a number of farm workers present. Phelan appears to me as a weed of man with a lot of knowledge, but angry and low on common sense.
@@michaelgavin5612 Your obviously obsessed with this case for some reason. Are you aware of the 2018 criminal law defense and dwelling act? Explicitly laying down that it is not an offence for a person in their dwelling, or who is a legal occupier in a dwelling and lands, to use force in order to protect themselves or their property where they believe that the other person is trespassing and means to commit a crime. I am afraid your comments are rather unlettered and very unsophisticated. The trespassers were on Mr Rossas land. They allegedly threatened him after he rightly in order to protect his livestock shot and killed the dog. I am sorry that the dog was killed but that where my sympathy ends. I expect Mr Phelan to be found not guilty.
Thank you for covering this. Could it have been prevented if police had intervened in earlier instances? (Hunting badgers though? "the unspeakable in full pursuit of the uneatable")
Prevented by Authorities-Intervention?? I'd like to think so but where's the will?? Looking in the news recently it appears that crime, trespassing, home invasion, burglary & theft are on the increase and there's little stopping it, the perps show no respect for the victims lives and private property. Sure even the thornton hall super-prison has been converted into foreign traveler accommodation and the Minister for justice has announced early release for sex crime criminals. I certainly have sympathy for P. McNally and now Mr Phelan who certainly has a right to protect his interests against trespassing hunters but . . . Again, it must be acknowledged that authorities & Gardai are not protecting the affected communities, that needs to change. Surely between the resourceful defendant and Gardai they could have set up surveillance. Why not???
What about the new 2018 criminal law defense and the dwelling? "Explicitly laying down that it is not an offence for a person in their dwelling,or who is a legal occupier in a dwelling, to use force in order to protect themselves or their property where they believe that the other person is trespassing and means to commit a crime?
@@davidbamford1971 As far as i know to use leathel force the trespasser must be breaking, or after breaking into ones home Ect not standing in a Field facing a Man with 2 Guns, but i could be wrong...........
@FrankMurphy-h4o there's no specific rule. The standard common law proportionality test applies. You'd want to be in some fairly dire straits to convince an Irish jury that killing a man was proportional in a bare trespass case where you weren't in immediate (or any) danger though.
How is it that a private person can be in possession of a revolver, can private individuals legally own a handgun ? I notice there are five replies recorded including one of my own, but only two showing, must have upset somebody in the censors office.
@@lubumbashi6666 You are incorrect, the only place you can fire a handgun is on a designated pistol range in a gun club. Shotguns are a different matter as you only need landowners permission to shoot on his property.
@@georginamcmahon6422 that is an obvious answer, what I ment is what is the criteria for a private person to own a handgun, there are certain rules and regulations regarding shotguns and sporting rifles.....hunting, farming and control of pests and vermin etc, where as a handgun has limited uses in daily life.
In what way does his extensive legal knowledge make the case more complex? It looks to me like he used no legal knowledge on the day of the alleged crime.
If a forensic expert committed a crime it's a reasonable assumption that he could use his expertise to mask the crime. This man has a lot of legal expertise to think that he wouldn't use to in his defence is absurd.
@@paulinenicoll6917 But can you give one specific example, just one, of how the case becomes 'more complex by the fact that the Accused has extensive legal knowledge'. Also I never said he would not try to use his legal expertise. If it is so obvious to you that the case is more complex as a result of the defendants legal knowledge it should be very easy for you to provide an example. An analogy with a forensic expert is no use it is not demonstrating anything.
here on the curragh i see dog owners releasing dogs off the lead and chaseing sheep ,this is also what farmers are having to put up with,you just can not walk onto peoples property at will
Caliber was .22 Small caliber but he had loaded hollow point, which will do a lot of damage. He also said he thought he was firing bird shot, which he also had loaded in the revolver. It's very odd to load different kinds of bullet.
@@ajc5479Sure. From court reports, circumstance reported as follows: Phelan shot their dog with a rifle. Three men came out of the bushes and approached Phelan who scrambled up a bank. Three shots were fired. The range of the fatal shot is disputed. 999 call from one of the group says his friend shot at "point blank" range. Pathologist testified range was more than 1 metre as there was no powder burns. Bullet entered from behind right ear, but defence said he could have turned quickly. It sounds it was fairly close. If he fired birdshot from a handgun as a "warning shot", that would be incredibly risky, the spread would be very wide, but it would not be fatal, just tiny shot.
There is some thing niggling IN my mind in relation to this sad and sorry case. Is it not so that Mr Phelan was carrying 2 Guns and not 1 Gun on that Day, and Mr Phelan Shot Dead Keith Conlons Dog with a ,22 Rifel and there after produced his Side Arm in which the Shooting there after took Place, at least that is how i recall the Sad and Sorry case, but of course i am open to correction in what i have Stated! Thank you for the update in relation to this case!
An honorable person would not prejudge the case evidence and arguments before going into deliberation, so keep yourself awake and thoughtful and only there make your final conclusions.
Diarmuid Phelan "was in my top two favourite lecturers MOREOVER he is a rare genuine good compassionate decent man REALLY (These very REAL qualities can and do at certain high levels in the [h] ierarchy make Diarmuid a target by deep state only if you know me will you give adequate weight to this) if Justice prevails Diarmuid will be exonerated and my genuine sympathys for the family's loss and loved ones of the deceased. God Bless 🙏🐴
Hi Terry, The An Post Marketing department is sending out Christmas cards to every household. You've probably received one. But did you notice , on the front of the card is an An Post van and Post box. I was surprised to see that both were green and didn't have the LGBTQ+ rainbow on the side of the van like the one visiting Enoch burke!!!
Oh. *PHEW!!* The *Prosecutor* said... he "is Guilty of the Murder..." Not the Jury, *..yet.* Well, that's a relief. I thought we would be rallying the massive *diaspora* & the dwellers of Rural Ireland from Leitrim to Laois for an angry protest against an already decided Guilty verdict.
Good morning Terry, great update.
Now in Ireland everyday we hear the news of tragedy and murder. An 8 year old child murderd in Wexford ,rip..
Yea by a new to the parish scut
but sure the do gooders raved about welcoming all comers to our lovely land. I don't see many holding their hands up and saying that was a mistake...
@@John_Wood_ they won't
u get what u vote for
@@John_Wood_ It wasn't a mistake. The vast majority of migrants are not murderers
It reminds me a lot of the Padraig Nally case in Mayo.
The key issue is of course intent and whether he felt he was in immediate danger.
I have a feeling he will be acquitted of the main charge.
I do think its more a manslaughter case than a murder case.
Love your channel Terry.
Nally stood over Ward and shot him a second time after beating him 20 times. If Nally could get off for that on a defence that he was in fear, then there is no way Phelan could be convicted. Who knows though, juries can reach strange conclusions.
@lubumbashi6666 Yes I agree with that.
You wrote the same comment on Terry's video last night on the trial. Any new expert insights?
@michaelgavin5612 Maybe I should set up my own channel as at least I have one fan in you.
I also note that Terry said in one of his recent videos that he has certain types of people who comment on his UA-cam channel.
One of the types is those that are against everyone and everything. Remind you of anyone?😅
Perhaps you could try to say something from scratch rather than just been critical of people who have at least something original to say, no matter how many times they say it.
"Wrath is cruel, anger is overwhelming, but who can stand before jealousy"
😂 @@michaelgavin5612
Thanks for the great update Terry .🌹
Thanks Terry.
Similar to the case like Tony Martin. Farmer in England, shot guy who was breaking into his farm. He was convicted of murder then reduced to manslaughter on appeal. He served 3 yrs. He had a lot of public support though.
No, completely different. There was a case against Martin. No warning given. Shot in the back etc. In this case there were two previous shots, easily could be a carelessly aimed warning shot.
Guarantee this won't be murder, and I bet not manslaughter either. Who knows though, juries are weird.
@lubumbashi6666 I agree to certain extent about the differences but Tony Martin had had issues before that actual burglary with break ins and incidents. That's why there was so much public outcry. If the happened in certain states in America, it wouldn't even touch court. They have the Castle Law, it's an extreme law but if a person is tortured and afraid for their safety or property, what other means do they have to protect themselves?
There is a case against Dairmuid Phelan, otherwise he would not be standing trial. I am impressed that your knowledge is superior to the juries and that they are 'weird'.
@@lubumbashi6666A man..a father is DEAD!!.😮
@michaelgavin5612 You need to get a life, my friend. Is that how you spend your life being a miserable troll? And keyboard warrior?😅
It's very sad really.
No matter what way you look at it ,it’s a terrible tragic .. as a Psychologist ,I’d say he was driven to distraction , and. acted in that state of mind ..it’s amazing what we will do while protecting our patch ::: The field springs to mind !Great video as always Terry .
The victim was never accused of being involved in the drinking and drug taking on the defendants lands, he was said to have been poaching, but when the accused shot his dog dead he couldn't poach. Driven to distraction you don't get a gun you call the police.
Its not difficult to accept he was highly stressed. From what I know, the significant factor for the jury to decide is that 3rd shot. Was it aimed or a warning shot like he claims ? As a law professor he knows the significance of the difference, murder vrs manslaughter. As a criminal trial this belief needs to be beyond reasonable doubt
I would not describe what Diarmuid Phelan did as 'amazing'. Having a loaded revolver in broad daylight was crass. I don't think Phelan was in much danger at all, there were a number of farm workers present. Phelan appears to me as a weed of man with a lot of knowledge, but angry and low on common sense.
@@paulinenicoll6917 the Gardai recovered a video on his phone were videos of Conlon laughing while feeding a live kitten to a bull terrier
@@michaelgavin5612 Your obviously obsessed with this case for some reason.
Are you aware of the 2018 criminal law defense and dwelling act?
Explicitly laying down that it is not an offence for a person in their dwelling, or who is a legal occupier in a dwelling and lands, to use force in order to protect themselves or their property where they believe that the other person is trespassing and means to commit a crime.
I am afraid your comments are rather unlettered and very unsophisticated.
The trespassers were on Mr Rossas land.
They allegedly threatened him after he rightly in order to protect his livestock shot and killed the dog.
I am sorry that the dog was killed but that where my sympathy ends.
I expect Mr Phelan to be found not guilty.
Where did he get the revolvers, there very hard to get ,or is it only for some people
If you have a gun licence you can buy a handgun in Ireland.
Try getting a hand gun licence, very hard for the ordinary man ,
@@lubumbashi6666now that's misinformation
Hard to get doesnt mean people cant have them.
Thank you Terry your content is great, didn’t know anything about that case.
Thank you for covering this. Could it have been prevented if police had intervened in earlier instances? (Hunting badgers though? "the unspeakable in full pursuit of the uneatable")
Prevented by Authorities-Intervention?? I'd like to think so but where's the will??
Looking in the news recently it appears that crime, trespassing, home invasion, burglary & theft are on the increase and there's little stopping it, the perps show no respect for the victims lives and private property.
Sure even the thornton hall super-prison has been converted into foreign traveler accommodation and the Minister for justice has announced early release for sex crime criminals.
I certainly have sympathy for P. McNally and now Mr Phelan who certainly has a right to protect his interests against trespassing hunters but . . .
Again, it must be acknowledged that authorities & Gardai are not protecting the affected communities, that needs to change.
Surely between the resourceful defendant and Gardai they could have set up surveillance.
Why not???
Very good report on updates of the case. Thank you.
Irish legislation dating back to 1925 and subsequent updates, states that guns may not be used to defend a personal threat or defense of property.
What about the new 2018 criminal law defense and the dwelling?
"Explicitly laying down that it is not an offence for a person in their dwelling,or who is a legal occupier in a dwelling, to use force in order to protect themselves or their property where they believe that the other person is trespassing and means to commit a crime?
@@davidbamford1971 As far as i know to use leathel force the trespasser must be breaking, or after breaking into ones home Ect not standing in a Field facing a Man with 2 Guns, but i could be wrong...........
@FrankMurphy-h4o there's no specific rule. The standard common law proportionality test applies. You'd want to be in some fairly dire straits to convince an Irish jury that killing a man was proportional in a bare trespass case where you weren't in immediate (or any) danger though.
Great content Terry.
Our local grumpy farmer used to shoot salt. 😮😢
How is it that a private person can be in possession of a revolver, can private individuals legally own a handgun ?
I notice there are five replies recorded including one of my own, but only two showing, must have upset somebody in the censors office.
I'd they have a licence yes
Yes it is possible, just extremely difficult to get a licence.
@@ajc5479Not so hard if you have land, lots of farmers have them.
@@lubumbashi6666 You are incorrect, the only place you can fire a handgun is on a designated pistol range in a gun club. Shotguns are a different matter as you only need landowners permission to shoot on his property.
@@georginamcmahon6422 that is an obvious answer, what I ment is what is the criteria for a private person to own a handgun, there are certain rules and regulations regarding shotguns and sporting rifles.....hunting, farming and control of pests and vermin etc, where as a handgun has limited uses in daily life.
Great report terry
It's a complex case, made more complex by the fact that the Accused has extensive legal knowledge.
In what way does his extensive legal knowledge make the case more complex? It looks to me like he used no legal knowledge on the day of the alleged crime.
@@michaelgavin5612 Is that a serious question???
Yes it is. In what way does the accused extensive legal knowledge make the case more complex? Can you answer the question?
If a forensic expert committed a crime it's a reasonable assumption that he could use his expertise to mask the crime. This man has a lot of legal expertise to think that he wouldn't use to in his defence is absurd.
@@paulinenicoll6917 But can you give one specific example, just one, of how the case becomes 'more complex by the fact that the Accused has extensive legal knowledge'. Also I never said he would not try to use his legal expertise. If it is so obvious to you that the case is more complex as a result of the defendants legal knowledge it should be very easy for you to provide an example. An analogy with a forensic expert is no use it is not demonstrating anything.
Thanks Terry
here on the curragh i see dog owners releasing dogs off the lead and chaseing sheep ,this is also what farmers are having to put up with,you just can not walk onto peoples property at will
I haven't heard the range between them. Would say a lot if it was 5m or 30m.
And no mention of the calibre either.
Caliber was .22 Small caliber but he had loaded hollow point, which will do a lot of damage. He also said he thought he was firing bird shot, which he also had loaded in the revolver. It's very odd to load different kinds of bullet.
@@lubumbashi6666 Thanks for that.
It's not like birdshot could be mistaken for a regular round.
@@ajc5479when ammunition is loaded in a revolver, you can't see what kind it is.
@@lubumbashi6666 I meant, as you load it.
@@ajc5479Sure. From court reports, circumstance reported as follows: Phelan shot their dog with a rifle. Three men came out of the bushes and approached Phelan who scrambled up a bank. Three shots were fired. The range of the fatal shot is disputed. 999 call from one of the group says his friend shot at "point blank" range. Pathologist testified range was more than 1 metre as there was no powder burns. Bullet entered from behind right ear, but defence said he could have turned quickly. It sounds it was fairly close. If he fired birdshot from a handgun as a "warning shot", that would be incredibly risky, the spread would be very wide, but it would not be fatal, just tiny shot.
There is some thing niggling IN my mind in relation to this sad and sorry case. Is it not so that Mr Phelan was carrying 2 Guns and not 1 Gun on that Day, and Mr Phelan Shot Dead Keith Conlons Dog with a ,22 Rifel and there after produced his Side Arm in which the Shooting there after took Place, at least that is how i recall the Sad and Sorry case, but of course i am open to correction in what i have Stated! Thank you for the update in relation to this case!
Never ever use guns in anger!!!
Very tragic,,
Don’t trespass on people property and you will be safe and maybe get a job too
100% John, but I do feel sorry for the dog. The real victim in this.
I'd be asleep on the jury by now, my no guilty card filled in long time ago
Are you sticking with that? 🥴
An honorable person would not prejudge the case evidence and arguments before going into deliberation, so keep yourself awake and thoughtful and only there make your final conclusions.
Theres alot of dirty killers in Ireland.
Fair Account of this difficlt case
Diarmuid Phelan "was in my top two favourite lecturers MOREOVER he is a rare genuine good compassionate decent man REALLY (These very REAL qualities can and do at certain high levels in the [h] ierarchy make Diarmuid a target by deep state only if you know me will you give adequate weight to this) if Justice prevails Diarmuid will be exonerated and my genuine sympathys for the family's loss and loved ones of the deceased. God Bless 🙏🐴
Well done you spelt his name correctly tonight.
"Frog Ward"event.
Didn't "culprit"go free,eventually?
“Culprit” wtf are you saying?
The man was found not guilty by a jury.
No he was buried a few days after the event.
Hi Terry, The An Post Marketing department is sending out Christmas cards to every household. You've probably received one. But did you notice , on the front of the card is an An Post van and Post box. I was surprised to see that both were green and didn't have the LGBTQ+ rainbow on the side of the van like the one visiting Enoch burke!!!
Their
Is it legal to own a handgun
Professor was in the right on his property and he was abused
Oh. *PHEW!!* The *Prosecutor* said... he "is Guilty of the Murder..."
Not the Jury, *..yet.*
Well, that's a relief. I thought we would be rallying the massive *diaspora* & the dwellers of Rural Ireland from Leitrim to Laois for an angry protest against an already decided Guilty verdict.
Garda PDF files protect there own 👍