The family of Damien Conlon, an Irish man who was shot dead by his fiancée's father in Australia in 2023, have welcomed the 31-year prison sentence imposed on the man who murdered him.
Mr Conlon, 38, from Sligo, was killed by 59-year-old army veteran Luke Simon at his home in Oberon, New South Wales, on 9 February 2023.
His mother, Ethel Conlon, said that she "couldn't stop crying" when Justice Sarah McNaughton delivered her verdict.
"I cried my eyes out with happiness when I heard the sentence. I was delighted that he [Damien] got justice. He deserved it.
"We all miss him. The smiles, the laughing, the jokes he used to play on us. He was always a good worker around the town [Sligo].
"He had a great life in Australia until this happened. He will always be remembered by our family and friends".
Damien's father, Dermot Conlon, acknowledged the support of the Sligo community since his son’s death in February 2023.
"We can’t thank the people enough for the support we got this past two years ... It took a long time but at least we got justice for Damien. God rest him".
Mr Conlon's sister, Leanna Mullen, said that her brother's death has been devastating and it is heartbreaking because they "will never get him [Damien] back".
Family solicitor, Councillor Tom MacSharry, who is also Lord Mayor of Sligo, said that Damien's passing has had a profound and devastating impact on the family.
"They would like to acknowledge the learned Judge McNaughton’s sentence of 31 years handed down to Damien’s murderer.
"However, they are disappointed that they feel they were excluded from the legal process. As victims their voices were not heard in court, but they do acknowledge the sentence," Cllr MacSharry said.
Mr Conlon, a carpenter by trade, moved to Australia more than ten years before his death.
He had established a business and became an Australian citizen in June 2021.
Mr Conlon and his fiancée Linda Simon shared two children.
He was also a stepfather to two children that Ms Simon had from a previous relationship.
The court heard that there was a dispute relating to a delay in constructing a granny flat.
Mr Simon owned a property which he transferred to his daughter. It was anticipated his daughter and her family would live in the house and the flat would be built for him.
Both Mr Simon and his daughter engaged solicitors to formalise the arrangement and planning permission was granted for the flat in December 2022.
Ms Simon wrote to her father in January 2023 asking him to vacate the property so construction and renovations could take place.
In the letter, she said the house was in a state of disrepair and in "desperate need of work", considering her father's sleep apnoea and heart condition.
The court heard that Mr Simon and his daughter exchanged a considerable number of text messages following her letter and the relationship between them soured.
An acquaintance of Mr Simon told the court that the delay in the construction of the granny flat had caused him to become anxious.
Ms Simon awoke to find a missed call and message from her father at 6.35am on 9 February 2023.
When she phoned him at 6.50am, he told her that a few of Mr Conlan's belongings had been stolen from the Oberon property. Mr Conlan then decided to drive to the property.
CCTV was installed at the property, which recorded both audio and video from different angles, including from the front steps and the front door.
Prior to Mr Conlon arriving, the court heard Mr Simon removed semi-automatic pistols from his gun safe and loaded them before placing them in his rear waistband.
The court heard that Mr Simon believed that he was being pushed out and maintains he challenged Mr Conlon before he killed him.
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'Disturbing and chilling video' - judge
The CCTV at the property recorded Mr Conlon lying on the ground at the front step of the property at 7.56am. Mr Simon then phoned emergencies services.
He told the operator: "I have just killed my son-in-law, daughter’s boyfriend … I will go outside and wait for police".
Mr Simon also made admissions when questioned by police. He said: "I knew they were going to get me out ... I intended to do it".
The court heard Mr Simon admitted the story about Mr Conlon's items being stolen was a ruse to get him to attend the Oberon house.
Mr Simon said: "I'm pretty sure my daughter was pulling the strings. Damien bore the brunt of my anger. Tragically, he's the one that bore the end of it."
Two days before Mr Conlon’s death, CCTV showed Mr Simon removing a pistol from a gun safe at 9.37am and speaking aloud, referring to his son-in-law.
The CCTV footage recorded Mr Simon saying: "That's the one that’s going to put him to sleep."
In her judgment, Judge McNaughton said that having viewed the CCTV footage, she found the intention to kill Mr Conlon was formed by Tuesday 7 February 2023.
She said: "I've viewed the disturbing and chilling video of the final shooting of the already wounded Mr Conlon.
"I note the calm and calculated manner in which the offender shot Mr Conlon, the words 'bye, bye, Damien', the tone of his voice, as well as the offender's multiple admissions to the shooting."
The court heard Mr Simon joined the army as an apprentice at 15 years old and that he experienced abuse.
He left the army at 16 and was diagnosed with post-traumatic stress disorder and depression alongside having addiction problems.
Judge McNaughton said she was unable to accept that Mr Simon's post-traumatic stress disorder was directly related to the murder.
Profound loss and trauma for family
She highlighted that Mr Simon's testimony was unreliable and that he conveyed a lack of remorse.
The New South Wales Supreme Court heard that Mr Simon has had no contact with his daughter since entering custody and no access to his four grandchildren.
Judge McNaughton said that Ms Simon's victim impact statement emphasised the profound loss and trauma caused because of Mr Conlon’s death.
She also told the court that her father’s actions had resulted in loss, grief and a strong sense of betrayal as his actions had taken away her fiancé.
Ms Simon told the court that Mr Conlon encouraged her to be forgiving and supportive in the relationship with her own father.
She was unable, she said, to put into the right words the suffering through the pain, sorrow, fear, anger and emptiness that she has felt since Mr Conlon’s death.
She spoke of how her father had held her sons within hours of them being born and told them he loved them and would not let any harm come to them, yet he killed their father and stepfather, harming them in a way that can never be repaired.
It breaks her heart, Ms Simon said, that her children will struggle with the emptiness of the absence of a father because of the actions of the man that should have been their grandfather.
Judge McNaughton said the 31-year prison term that she handed down should deter others from settling disputes with the violent use of firearms.
She imposed a non-parole period of 22 years with the sentence to commence on 9 February 2023.
The judge she was acutely conscious that neither words nor the imposition of a sentence could restore the loss of a loved one.
She extended her sympathies and condolences to Mr Conlon's loved ones.
