‘I felt safe before that bold man took daddy away’: 22 year sentence given to man who murdered his ‘friend’ while out on licence for kidnapping

At Newry Crown Court, judge Gordon Kerr QC today read out a harrowing statement from the daughter of the murder victim.

He also told killer Daniel Carroll (30) that the fact he stabbed his victim five times “makes it clear that this was a vicious and murderous attack” with “an intention to kill”.

Judge Kerr told Carroll the “lack of humanity” Carroll displayed “shows a degree of callousness far beyond the comprehension of normal people”.

He also told the 30-year-old the devastation he had wrought on the family and friends of Brian Phelan was best emphasised by a hand written letter he had received from the victim’s young daughter.

Reading from a note written by the victim’s daughter, the judge outlined how the little girl said her daddy was “kind and loving”.

“When I felt sad he always made me laugh,” the note said.

“I felt safe when I was with my daddy until that bold man took him away from me.

“On that horrible day, my mummy told me that daddy had went to heaven. She said that he was with the angels. I was just so confused and started crying.”

MURDERED BY ‘MY MATE DAN’:

During the trial last September, the jury heard that having lured Mr Phelan to the remote Carrivekeeney Road under the pretence of buying quad bikes, Carroll stabbed him in the neck three times, and in the chest twice.

The neck wounds severed arteries and caused Mr Phelan to bleed to death.

Having been stabbed Mr Phelan ran half a mile down the road, leaving a bloody trial as Carroll chased after him, before trying to hide in a garden.

Carroll rifled through the dying man’s pockets before fleeing the scene in his victim’s car, and going to the home of a friend where he disposed of his bloody clothes and washed himself.

Meanwhile Mr Phelan called his partner Amanda Riordan, telling her that he was dying.

The jury also heard the recording of a harrowing 999 call he made where he told the operator: “I’ve been stabbed, I’m dying, I’m dying.”

He used some of his last breaths to tell the operator “my mate Dan” had been his attacker.

Having cleaned himself up Carroll went his uncle’s house and revealed to him he had “been in an altercation with a fella and there’s rumours that he’s dead”.

Carroll was arrested a short time later but changed his story at that stage, telling a sergeant “I didn’t do anything, I was in the town” – then going on to give “no comment” responses.

KILLER WAS ALREADY ON LICENCE:

The convicted killer had at the time been out on licence for kidnapping and sexual assault of a young woman he abducted from a Dundalk street a few days before Christmas in 2012.

Media reports from the time say that in summer 2014, he was given a four-year term behind bars – a sentence which was criticised by Women’s Aid as too lenient.

Carroll’s murder of Mr Phelan took place in July 2018, just over four years after he was imprisoned for the kidnapping offence.

It wasn’t until 15 months later that Carroll initially came up with his concocted story of three men coming over the mountain, attacking Mr Phelan, then leaving the scene.

Carroll claimed he had been in contact with two “senior dissident republicans” in the days leading up to the murder, claiming they had introduced him to the three men he claimed committed the grisly stabbing.

He told the jury while he had been “given permission” to talk about the incident, that permission was in the basis of “no names” being mentioned.

The killer could not account for glaring holes in his story such as how three men managed to get there and get away without being seen, why such hardened killers would have allowed Mr Phelan to escape, or how he was stabbed in the neck when, according to Carroll, he was held in a headlock.

Defence QC Gary McHugh said his client “does not accept the jury’s finding of guilty”.

He submitted that while maintaining he was not responsible, Carroll “expressed sorrow for what happened that day”.

During his sentencing remarks however, Judge Kerr said he found this “unconvincing,” adding that he could find no evidence of any remorse.

On the contrary, there were multiple aggravating features including the fact that Carroll had planned the killing, had lured his victim to the rural area having pre-armed himself with a knife, stealing the victim’s car, “the pursuit of a dying man,” disposing of evidence and also Carroll’s “record for violence”.

Having reminded Carroll that the tariff would the absolute minimum he would serve before he could even be considered for release under licence, Judge Kerr said the appropriate tariff is 22 years.

VICTIM’S FATHER DIED BEFORE JUSTICE WAS SERVED:

Detectives from PSNI’s Major Investigation Team issued a statement welcoming the sentence.

Detective Superintendent Eamonn Corrigan said: “Today our thoughts are very much with Brian’s two children, his mother, two sisters and his ex-partner.

“Daniel Carroll cruelly cut Brian Phelan’s life short on the July 26, 2018.

“Whilst lying wounded Brian had to phone police himself to ask for help.

“Unfortunately his life could not be saved and he died at the scene at Carrivekeeney Road, Newry.

“Daniel Carroll has robbed Brian’s two young children of their father, his mother of her son, his sisters of their brother and his ex-partner of the father of her children.

“There will be no more memories made together; no more birthdays celebrated. They have all been left bereft.

“Unfortunately Brian’s father never lived to see his killer brought to justice.

“This is a family who has suffered unimaginable grief.

“I know that today’s sentencing will not bring Brian back, however I hope that it brings some sort of comfort to his family, knowing that Daniel Carroll is now serving time in prison for taking Brian’s life.”

JURY DISMISSED STORY ABOUT QUAD BIKE-RIDING MOUNTAIN ATTACKERS:

Catherine Kierans, Senior Public Prosecutor for the Public Prosecution Service, said: “This was a brutal and senseless murder.

“[Carroll] refused to answer the police’s questions for many months during the investigation, before giving a story about three men on quad bikes attacking Brian and then fleeing on an inaccessible mountain path – a story the jury ultimately did not believe.

“The PPS worked closely with the PSNI to build a strong prosecution case by drawing together the various strands of evidence.

“This included witness statements, forensic evidence, mobile phone records and CCTV footage that showed Carroll pursuing and attacking Brian.

“It also included calls that Brian made to his girlfriend and the emergency services as he lay dying.

“When the jury had heard all the evidence, they found 30 year old Carroll guilty of murder.

“Brian’s murder has left his loved ones devastated and his two children without their father. Although we know that no criminal justice outcome will bring him back, we hope the conclusion of this case brings some comfort to them.”

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