A KEY PROSECUTION witness who did not come forward to give evidence in the trial of barrister Diarmuid Phelan, who was acquitted of murdering a trespasser on his farm, is facing contempt proceedings before the Central Criminal Court.

Kallum Coleman (23) appeared before Mr Justice Paul McDermott this morning, having been arrested on foot of a warrant issued during the recent trial of Mr Phelan (56).

The trial heard that, having been due to testify, Mr Coleman instead left Ireland and travelled to Spain. He later agreed to return home to give his evidence but the jury was told he had “a change of heart” and “legged it” when gardai stopped to get refreshments en route to a Spanish airport.

The evidence put before the jury was that Mr Coleman was trespassing on Mr Phelan’s land at Hazelgrove Farm, Kiltalown Lane in Tallaght with Keith Conlon and another man on 24 February, 2022. Mr Phelan shot Mr Coleman’s dog, Vin, due to concerns the dog might go after his sheep.

An angry confrontation followed in which Mr Phelan produced a handgun and fired three shots, the third of which struck Mr Conlon in the head and caused his death. Mr Phelan said he acted in self-defence and that the shooting was accidental.

A jury found Mr Phelan not guilty of Mr Conlon’s murder after a 10-week trial that ended on January 3 last. Mr Coleman had been due to give evidence on October 30, but failed to appear. The trial judge, Ms Justice Siobhan Lankford, issued a warrant for Mr Coleman’s arrest which was executed last week.

Roisin Lacey SC, for the Director of Public Prosecutions (DPP), today (TUE) told the court that Mr Coleman is facing contempt proceedings before Ms Justice Lankford, who is currently conducting a trial in Cork.

Keith Spencer BL, for Mr Coleman, said his client is in custody and wishes to have the matter dealt with at the earliest opportunity.

Mr Justice McDermott said Mr Phelan’s trial faced a number of “complexities and issues”, one of which was Mr Coleman’s failure to attend. He said Mr Coleman’s failure to appear had an influence on the running of the trial and it is appropriate for the trial judge to deal with it.

He said he wants to find out when Ms Justice Lankford will be available and will inform the parties of the adjournment date later today