A BARRISTER MUST return to the Court of Appeal for permission to return to his farmland where he is accused of murdering a man, a judge has ruled.

Law professor Diarmuid Phelan, 53, is charged with the murder of father of four, Keith Conlon, at Hazelgrove Farm, Kiltalown Lane, Tallaght, on February 22.

After his dog was killed, 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 taken to Tallaght University Hospital but died two days later.

The High Court refused bail in March, but the Court of Appeal overturned that decision the following month and released Mr Phelan on a €100,000 bond with a range of conditions.

The case was listed again at Dublin District Court today for directions from the DPP to be conveyed, a defence application to temporarily lift bail terms for two short holidays, and to remove two of the conditions – a curfew and to stay out of Tallaght and his farm in Wexford.

Garda Sergeant Michael McGrath told Judge Bryan Smyth the DPP directed that “the matter be dealt with on indictment in the Central Criminal Court” on the single charge before the court. The DPP had also directed no further charges, he said.

Judge Smyth ordered the accused, who did not address the court, to appear again on October 3 to be served with a book of evidence and to be returned for trial.

The judge noted there was no Garda objection and allowed Mr Phelan’s application for “temporary variations” to bail terms to allow two-day breaks later this month. Defence counsel Karl Monaghan explained it was for “two short holidays and short breaks” within the State.

However, the State opposed his request to change other bail conditions.

Mr Monaghan told Judge Smyth this application was based on “the urgent need” of his client to return to farmland in Tallaght and also in Wexford.

The judge noted from the State that the Court of Appeal had ruled that temporary variations to bail with consent could be dealt with in the District Court. Ms McGowan submitted that substantive contested bail variations, such as changing the curfew and returning to the location of the alleged crime, must return to the Court of Appeal.

Judge Smyth noted the transcript of the ruling by Mr Justice George Birmingham, President of the Court of Appeal.

He said it stated some bail matters could be dealt with at District Court if there was agreement. However, if the State contested a defence application to vary bail, it should go back to the Court of Appeal.

Judge Smyth told the defence the application should go back to the Court of Appeal.

The court has previously allowed Mr Phelan temporary variations to his bail terms.

In May, the court briefly suspended them to allow him a “short trip” for two days.

Later it also granted an order for gardai to hand over copies of his interview recordings to the defence.

The bail terms stated he must obey a 10 pm – 8 am curfew at a Garda-approved address, sign on daily at a Garda Station, and be contactable by mobile phone.

He had to give gardai access to all his Irish and foreign bank accounts.

He must stay out of Tallaght and out of his properties in Wexford and have no contact with prosecution witnesses in the case.

The lawyer had to surrender his passport, and must not leave the State, join a gun club, or purchase any firearms.

At a previous stage, the bail proceedings heard he shot a dog using his rifle or 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.