Wednesday 28 October 2026Compiled from published reports. Every claim links to its source.

Ireland Crime

Every case followed from the first report to the sentence, or to where the reporting stopped.

Case No. 1417Assault causing harm · Co. Wexford · 26 Aug 2021

Judge strikes out assault charge against law professor Diarmuid Phelan at Wexford District Court

Diarmuid Phelan, a 57-year-old law professor and barrister, was charged with assaulting his neighbour Kevin McHale at Reedstown in Tacumshane, Co Wexford, on 26 August 2021. Phelan was never arrested but attended Wexford Garda Station in February 2022 to make a statement denying the assault, and the case was adjourned a number of times before a special hearing. On 30 June 2025, Judge William Aylmer at Wexford District Court struck out the charge, finding that the absence of CCTV footage and delays in notifying Phelan of the complaint meant he could not receive a fair trial. Phelan had been acquitted of the murder of Keith Conlon earlier in 2025.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In courtnot reported
  5. Acquitted30 Jun
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
Diarmuid Phelan, a 57-year-old law professor and barrister, was charged with assaulting his neighbour Kevin McHale, causing him harm.
Where
The alleged assault took place at Reedstown in Tacumshane, Co Wexford.
When
The alleged assault occurred on 26 August 2021.
Investigation
  • Phelan was not notified of the complaint until 15 December 2021 and was never arrested, but attended Wexford Garda Station on 2 February 2022 to make a statement denying the assault.
  • Potentially critical CCTV footage was not obtained because Phelan had not been notified of the complaint in time, and Garda Coughlan had been told there was possible footage but did not seek it.
  • The day after Phelan was charged with the murder of Keith Conlon, Garda Coughlan made a statement about the assault allegation and sent a file to the DPP the following day.
In court
  • The case was adjourned a number of times before a special hearing at Wexford District Court.
  • Judge William Aylmer struck out the assault charge on 30 June 2025, finding it was not possible for Phelan to have a fair trial.
Other details
  • Phelan denied the assault, saying he was acting in self defence, and there had been a history between the two neighbours over trespassing on Phelan's land dating back to 2000.
  • A medical report received on 29 October 2021 stated McHale had received abrasions to the face and complained of tenderness to the left side.
  • Phelan was acquitted of the murder of 35-year-old Keith Conlon earlier in 2025.
19 statements extracted from the articles
  • whereThe alleged assault took place at Reedstown in Tacumshane, Co Wexford. (irishtimes.com)
  • whenThe alleged assault occurred on 26 August 2021. (irishtimes.com)
  • investigationMr Phelan was not notified of the complaint until 15 December 2021 when Garda John Coughlan texted him. (irishtimes.com)
  • investigationPotentially critical video evidence was not available to exonerate Mr Phelan because he had not been notified of the complaint in time. (irishtimes.com)
  • investigationThe accused was never arrested but by agreement attended Wexford Garda Station on 2 February 2022 and made a statement denying the assault. (irishtimes.com)
  • investigationGarda Coughlan blamed his workload for the delay in notifying Mr Phelan of the allegation. (irishtimes.com)
  • investigationThe day after Mr Phelan was charged with the murder of Keith Conlon, Garda Coughlan made a statement about the assault allegation and sent a file to the DPP the following day. (irishtimes.com)
  • courtJudge William Aylmer at Wexford District Court struck out the assault charge against Diarmuid Phelan. (irishtimes.com)
  • courtJudge Aylmer cited the absence of CCTV footage, noting Garda Coughlan had been told there was possible footage but did not seek to obtain it. (irishtimes.com)
  • courtThe judge was satisfied it was not possible for Mr Phelan to have a fair trial and struck out the charge. (irishtimes.com)
  • otherThe case had been adjourned a number of times before the special hearing. (irishtimes.com)
  • otherA previous allegation made against Mr Phelan had proven to be false when gardaí looked at dashcam footage from his car on the same day. (irishtimes.com)
  • otherMr Phelan denied assaulting his neighbour, saying he was acting in self defence. (irishtimes.com)
  • otherThe wife of Mr McHale made contact with gardaí on the date of the alleged assault. (irishtimes.com)
  • otherA medical report received on 29 October 2021 stated Mr McHale had received abrasions to the face and complained of tenderness to the left side. (irishtimes.com)
  • otherOn 23 November 2021, the accused showed Garda Coughlan a shirt worn on the day of the alleged assault that was torn and had buttons removed. (irishtimes.com)
  • otherThere had been a history between Mr Phelan and Mr McHale, with Mr Phelan alleging his land had been trespassed upon going back to 2000. (irishtimes.com)
  • otherMr Phelan owned a farm in Dublin and Wexford but primarily lived in Dublin. (irishtimes.com)
  • otherMr Phelan first heard he was being charged with assaulting Mr McHale during the bail hearing in the High Court in Dublin for the murder charge. (irishtimes.com)

The reporting

newest first
  1. 30 Jun2025
    Acquittedirishtimes.com, first report
    Judge strikes out assault charge against law professor and barrister Diarmuid Phelan

    Reports the striking out of the assault charge by Judge Aylmer, citing the absence of CCTV footage and delays in notifying the accused, and details the background of the dispute between the two neighbours over trespassing on Phelan's farm dating back to 2000.

    victim, Kevin McHale, male, irish (judged from name)Kevin McHaleaccused, Diarmuid Phelan, 57, male, named, irish (judged from name)Diarmuid Phelan