Counsel for murder accused, Diarmuid Phelan, asks jury to walk in the law professor's shoes

[@ministry_of_love]

I didn't realise that Smith and Wesson type handguns are available to the members of the public in Ireland.

[@seymourclearly]

I was surprised, they are not available in the UK after the Dunblane massacre

[@MrBollocks10]

Only for criminals

[@BluesnCruise]

My heart goes out to Diarmuid Phelan. No one knows how they would react when confronted by three aggressive men with loose dogs. They were no innocents either.

[@davidmccarter9479]

I look forward to how the judge charges the jury on the law. Very interesting. Thanks.

[@lubumbashi6666]

I look forward to your full breakdown on this case Terry, wisely you're holding your opinions until the jury decides.

[@alandoyle7586]

Are there any similarities between this case and the Nally case in Mayo?

[@Don.Challenger]

Bird shot may be a warning, but hollow point is meant to be a final disposition. When his home was searched after the incident was any available bird shot ever found present, how much dust was on the box, four weeks worth? I expect a ready supply of hollow point was found though, and without a layer of dust overtop. Very convenient that the first shots cleared the supply of bird shot and the remaining ammunition in the revolver were hollow point only. What is a reasonable person to take away from that evidence and testimony - what inference? An astute fully trained up lawyer (he was a law professor, a trainer of lawyers) must know cases hang on details and his professional knowledge and experience should inform his day to day knowledge and experience especially when perplexed by his own seeming legal circumstance with habitual trespassers - his actions involving those trespassers and theirs in return should have been carefully documented with all the details.

[@ministry_of_love]

It should be more of _The Sun_ and less of the _Ulysses_ when speaking to the jury .....

[@michaelbuckley8986]

James Joyce for me.Not that vile rag.

[@lroc6272]

Thanks Terry. Interesting about the James Joyce reference. I agree it's not something that most people will know and I think a more relatable analogy would have been more appropriate.

[@Wisewizard-o5c]

Good morning Terry, and thank you for the update.

[@eileenclyne2065]

I find it astonishing that aggressive bullies feel they can invade private property with their dogs and god knows what else , do whatever they like and expect no consequences. This man asked for help and got none and as a result a tragedy has occurred. If nothing is done to prevent this from happening in the future, this will not be the last tragedy .

[@boxerotheweek6789]

Do you think the desth penalty fits the crime of trespass? Why would he be walking about with a handgun do you think he was setting up target practice because it's very unlikely to be using a handgun for hunting. A handgun has one main use and that's exactly what he used it for.

[@seymourclearly]

Trespass should never carry the death penalty, it's murder, the guy shot him

[@jackspratt4343]

@@boxerotheweek6789 Yes, totally. Sure the boys were only out for a quite picnic in the forest. Where do you live ? We can all meet up and have a lovely shin dig and picnic on your property. If you are good, we might give you a reach around.

[@jackspratt4343]

@@boxerotheweek6789 Walking about with a handgun ? Bizarre isn't it. Really bizarre that a man would walk about his own property with a hand gun loaded with dum dums. Can't think why on earth he be doing that. Whilst minding his own business on his own land he's now facing a murder trial. God only knows what would become of the man if he'd been out and about in the world, and not just minding his own business on his own property.

[@AdrianColley]

Hollowpoint bullets? And two actual shots fired into the air immediately prior to the fatal shot? This case is getting stranger every day.

[@alanmangan424]

The. Judge ie Establishment will do whatever he can to protect his own while trying NOT to appear to be doing so If he The accused was from a different background or Profession treatment would be not the same

[@appalledpaul5497]

I Just paused @ 03:20. I wonder what the safety requirements/protocols are for a trained shooter who chooses to fire 'warning shots' - Surely it is to be directed more toward the sky or perhaps toward the ground at a 45deg angle away from the targets? @04:20 perhaps it's a distinct possibility that the shooter was both angry & frightened, so what?? He had after all just killed a mans best friend and was prepared to kill a man if necessary. All his own choosing. Another land owner would have shot a video for evidence and perhaps employed a drone for closer shots and engagement.

[@FreudsSlipper]

Does *anyone* know how many, if any, Farmers/Rural Dwellers are even on this Jury?Or Rural ratio to City Slicker Urbanites?Was any consideration, or objection, given to how the Jury was formulated & constituted to be truly a panel of "Peers" of the Defendant?🤔Myself&my cousins were "BigSmoke" raised in Dublin & London by parents from the most rural parts of Western Ireland, but we have all *worked* the Land AND stayed on the property solo & seperately over winter weeks to maintain impression of "occupation" for security reasons, and without the benefit & reassurance of guns. All of us would be vehemently opposed to City ppl of City parentage with no rural reality experience adjudicating on a case like this. It is wrong!! Even with him being a Farmer of County *Dublin* land & co-existing in the Urban/near-Urban space. It's just so, so, so very wrong. Indeed, it seems it's almost *worse* for him, living so parallel with the City that so many, of such *aggressive disposition,* presume such a *repeated* entitlement to tresspass. And worse, trespassers that possess no civility or understanding that every farmer has the absolute Right to shoot loose foreign dogs on their land, especially dogs that worry sheep, or any livestock, *END OF STORY.*

[@boxerotheweek6789]

@@FreudsSlipper the jury is worked out between the solicitors and decided upon and obviously they want know what they're doing. How can yiu tell a foreign dog from a native dog lol.

[@FreudsSlipper]

@boxerotheweek6789 Pfft! You know exactly what I'm getting at you eegit ya! 😄 Any & all dogs *not* belonging to *that* farm, farmer & farmland (which in some people's minds can even include farm-conditioned neighbours' dogs...IF they are worrying livestock. Not just dogs that are proper foreign to the Townland and/or to Farming)

[@MrMelmott]

He didn’t know what came out of a Smith and Wesson. He should have asked Clint Eastwood .

[@martinkershaw3894]

The heartbeat of a little bird in your hand so vulnerable very apt the handler must be careful not the damage little birds wings or he/she may never be able to fly in my experience 🙏🐴 8:04

[@maryennis3535]

Good stuff Terry😊

[@lubumbashi6666]

Would the defence not remind the jury about the Nally case Terry? Would that be prejudicial?

[@terrygorry]

Each case stands on its own facts, circumstances etc.

[@boxerotheweek6789]

@@lubumbashi6666 whats some other case got to do with it

[@jamesbutler5908]

Thanks Terry. Interesting O W said, man is good until he learns how to speak and then becomes a lawyer 😮or....

[@joebrennan.4389]

I never heard of a revolver that fires Birdshot....? or holds 8 rounds for that matter. 🤔

[@jamesgilhooly8922]

Not uncommon in .22 calibre to have revolvers holding more than 6 rounds, although, by law here they must be restricted to holding not more than 5 rounds.

[@lubumbashi6666]

​@@jamesgilhooly8922 Yeah that's interesting, it would be a restricted firearm

[@KernowekTim]

"I know what you're thinking. Has he got bird-shot or a hollow up the spout? Well, to tell you the truth, in all the exitement, I've kinda lost track myself".

[@johnculbert1545]

Don’t trespass.

[@ajc5479]

I've read Ulysses, but it was more torture than pleasure for me (nope, not for school or uni)

[@biulaimh3097]

It might help the jury to contextualize the case if they knew more about the criminal and the professor. The temperament of the professor would be relevant in my opinion and was the burglar really a lovely fellow doing something out of character or are we all better off now that he is dead? Lawyers might not think these are relevant questions but to me, they are the only questions that matter.

[@susanohara1584]

He wasn't a burglar

[@johnculbert1545]

@@susanohara1584 “ only trespassing “

[@willtveire]

Think they needed a handgun expert called... 8 rounds? Birdshot? Anyone ask if the gun is licensed?

[@lubumbashi6666]

Of course they have. It is licensed.

[@boxerotheweek6789]

@@lubumbashi6666 what's the purpose of a handgun

[@lubumbashi6666]

They did call a Garda ballistics expert.

[@daithisad]

So give us a prediction Terry

[@terrygorry]

No, I have a view but would not give it prior to the jury considering it. Just in case…

[@andrewlinesjah4538]

The entire defense is laughable However , The " Shoes ... and Mind ... " is highly relevant . But in my opinion , He will be found guilty But of a lesser charge .

[@lubumbashi6666]

Have you been following this trial at all? Not a chance he will be convicted of murder and very unlikely he will be convicted of manslaughter.

[@boxerotheweek6789]

@@lubumbashi6666 what's the purpose of a licensed handgun

[@andrewlinesjah4538]

@lubumbashi6666 I am very rarely wrong . Let's see ...

[@johnculbert1545]

@@lubumbashi6666excellent

[@johnnyfortycoats2219]

Poor fella. Scared of people walking away from him.

[@johnculbert1545]

Ah, a brave keyboard warrior are we?

[@al-sexpanther]

Tried to read it,a nightmare of a book😂

[@boxerotheweek6789]

So gun licenses can be issued for hunting or target practice etc. Has anyone hunted with s handgun that would be difficult, was he setting up target practice at that time, why was he out there with a handgun

[@martinkershaw3894]

Thanks Terry 🙏🐴

[@tonymurphy1329]

What are u an about walk on his shoes.he guilty .

[@MrMelmott]

If you own a Smith and Wesson you know EXACTLY what ur does ! That’s why you gave it in the first place !

[@tc2851]

Who is allowed to carry a licensed handgun in Ireland? As for the question of Fear or anger being the driving force. “Past research found that high certainty and individual control are associated with anger, whereas uncertainty and low situational control are associated with fear” (Smith and Ellsworth, 1985).

[@PaddyMcCarthy2.1]

Well I thought when I read your comment originally, well, isn't high certainty/individual control just the opposite of uncertainty/low situational control? then I realised, you exchanged the words "individual" for "situational"?

[@boxerotheweek6789]

@@tc2851 yeah a handgun has only one real purpose and it was used for thst purpose in this case

[@andrewmellon5072]

Thank you for another interesting and informative video. The accused set out to confront these trespassers he deliberately brought both a rifle and a pistol. The rifle to shoot the dogs, unless he is a remarkably good shot, which he claims not to be, he could not have hit any loose dog with a pistol, so why did he bring it?

[@rossacrowe6197]

Your comment does not align with the facts presented in the court. I attended about 10 days of the trial. The journalist daily reports would allow you to review what you wrote. I hope you take the time to go through them - they are all online

[@andrewmellon5072]

@rossacrowe6197 Ross, as I understand it he shot a dog with his rifle and was then pursued by the trespassers, if he didn't have the pistol with him, please tell me where it came from. If there is an credible explanation I will apologise.

[@rossacrowe6197]

Actually I will apologise to you - my recollection is the witness did not mention the defendant getting the pistol after the dog incident but I am unable to find that detail in the reports. I had understood the pistol to have already been with the defendant.

[@davekiernan1]

You never heard of a smith and Wesson divorce.

[@ministry_of_love]

Bad taste

[@snuffthemagicdragon9721]

If you are a drinking man and I don't know if you take a drink, you'd be an interesting man to have a pint with! Best wishes from Limerick Eire.

[@terrygorry]

I drink everything I don’t spill 😊😉

[@boxerotheweek6789]

No guilty

[@paulinenicoll6917]

'walk in the law professor's shoes'??? They can't, they are ordinary people not academics or professors?

[@terrygorry]

Ordinary people understand fear. It is not unique to an academic or barrister or professor.

[@Tymonie]

@@terrygorry Once Mr. Phelan shot the dog, emotions would have run high and it he would have been faced with three enraged men not in the mood for reasonable discussion. This occurred on a secluded hillside overlooking some of the roughest estates in Ireland where human life is cheap. I can well understad why he would have been in fear of his life. I lived and worked close to the area.

[@paulinenicoll6917]

I didn't say they acn't understand fear, i said they can't understand from an academic professors point of view, that is his his point of view.