A farm worker has told a murder trial jury that two trespassers were shouting loudly at law professor Diarmuid Phelan, as they walked up a field on his farm in Co Dublin.
Alexandra Fernandez said she saw two men come out of the bushes where Mr Phelan, another farm worker, Julien, and Mr Phelanâs dog Tal had been earlier that day, February 22nd 2022.
She agreed the two men were walking determinedly, were only looking at Mr Phelan and arguing and shouting loudly at him while walking up the field.
She agreed with defence counsel Michael Bowman SC they had never looked at, or for, anybody else. Even when they went past her, they did not look at her, she said.
Mr Bowman remarked: âThey only had eyes for Dermot.â
Ms Fernandez (48) said one man, who appeared younger, was walking behind the first man. She said Mr Phelan was telling them to : âGo, go.â
She heard a noise that sounded like a bang or firecracker and saw the men continue to walk up towards Mr Phelan.
When she heard the first shot, she saw Mr Phelan with his arm in the air holding a pistol, she said. She heard a second shot but did not look towards Mr Phelan because she âknew what it wasâ.
The men were walking towards Mr Phelan between the second and the third shot, she said.
She was asked whether she believed they were âpanicâ shots and agreedthat âeverything happened quicklyâ.
She said as the first man started to turn around, she could see his face. He made one, possibly two, steps forward, stiffened and fell. She could see blood on his head.
Earlier in her cross-examination, she said she had seen a rainbow when she was looking down the field and she had said to Julien and other farm workers to make a wish.
She said Julien said âI just want to stay alive today.â
She had said: âMe too.â
Alexandra Fernandez arrives to give evidence in the Diarmuid Phelan murder trial. Photograph: Collins Courts
A French national, Ms Fernandez, was being cross-examined via a translator on Wednesday, the sixth day of the trial of Mr Phelan (56), a senior counsel and law professor, who has pleaded not guilty to the murder of Keith Conlon at Hazelgrove Farm, Kiltalown Lane, Tallaght, Co Dublin.
Mr Conlon was one of three trespassers fox hunting on the farm on February 22nd, 2022.
The prosecution contends that Mr Phelan shot a dog belonging to one trespasser, Callum Coleman and exchanges with the trespassers followed. It claimed Mr Phelan later fired two shots into the air from his revolver, a third shot hit Mr Conlon, he was critically injured and pronounced dead in hospital two days later.
Mr Phelan, the prosecution argues, had the requisite intent for murder.
The jury has heard Mr Phelan told gardaà he believed, if he had not reacted immediately, âhe would have got meâ and he was âterrifiedâ.
The prosecution has said it understands the defence case as being 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 the body of Mr Conlon.
The jury has heard Ms Fernandez, came to Ireland for the first time in early February 2022 to work unpaid on farms in exchange for board and lodging.
Earlier on Wednesday, she told Mr Bowman her jobs on the farm included collecting bottles and cans left behind on the lands by young people drinking on green areas.
She said Mr Phelan had on February 14th, 2022 shown her a fence that was broken and had told her this happened a lot. She had tried to repair that fence herself.
She agreed there was a problem with rats in a shed on the farm where animal feed and seeds were stored.
The trial continues before Ms Justice Siobhán Lankford and the jury.
