A 59-year-old man has received a 31-year prison sentence for the murder of his future son-in-law, Damien Conlon, an Irish national, in New South Wales.
Mr. Conlon, 38, originally from Sligo, was fatally shot by his fiancée’s father, army veteran Luke Simon, at his residence in Oberon, New South Wales, on 9 February 2023.
Having relocated to Australia over a decade prior to his death, Mr. Conlon was a carpenter who had established his own business and obtained Australian citizenship in June 2021.
He was a stepfather to two children from Ms. Simon’s previous relationship.
The court was informed of a disagreement regarding delays in constructing a granny flat.
Mr. Simon owned a property which he transferred to his daughter, with plans for her family to live there while a granny flat would be built for him.
Both Mr. Simon and his daughter sought legal assistance to formalize the arrangement, and planning permission for the granny flat was granted in December 2022.
In January 2023, Ms. Simon wrote to her father requesting that he vacate the property so renovations and construction could commence.
She stated in her letter that the house was deteriorating and needed urgent repairs, particularly considering her father’s sleep apnea and heart condition.
The court noted that following her letter, Mr. Simon and his daughter exchanged numerous text messages, leading to a breakdown in their relationship.
An acquaintance of Mr. Simon testified that the delay in the granny flat’s construction had made him increasingly anxious.
On the morning of 9 February 2023, Ms. Simon awoke to find a missed call and message from her father at 6:35 AM.
When she returned his call at 6:50 AM, he informed her that some of Mr. Conlon’s belongings had been stolen from the Oberon property, prompting Mr. Conlon to drive to the location.
CCTV had been installed at the property, recording both audio and video from various angles, including the front steps and door.
Prior to Mr. Conlon’s arrival, Mr. Simon was seen removing semi-automatic pistols from his gun safe, loading them, and concealing them in his waistband.
The court learned that Mr. Simon felt he was being forced out and claimed he confronted Mr. Conlon before fatally shooting him.
‘Disturbing and chilling video’
The CCTV footage captured Mr. Conlon lying on the ground at the front steps of the property at 7:56 AM, after which Mr. Simon called emergency services.
He told the dispatcher, “I have just killed my son-in-law, daughter’s boyfriend … I will go outside and wait for police.”
During police questioning, Mr. Simon admitted, “I knew they were going to get me out … I intended to do it”.
The court heard that Mr. Simon acknowledged the claim about Mr. Conlon’s belongings being stolen was a ruse to lure him to the Oberon house.
Mr. Simon further stated, “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.”
Just two days before Mr. Conlon’s death, CCTV footage showed Mr. Simon retrieving a pistol from his gun safe at 9:37 AM while directing comments toward his son-in-law.
He was recorded saying, “That’s the one that’s going to put him to sleep.”
Justice Sarah McNaughton, in her ruling, mentioned that after reviewing the CCTV footage, she determined the intention to kill Mr. Conlon was established by Tuesday, 7 February 2023.
She remarked, “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, and the offender’s multiple admissions regarding the shooting.”
The court also heard that Mr. Simon joined the army as an apprentice at 15 but left at 16 due to experiences of abuse, later being diagnosed with PTSD and depression along with addiction issues.
Judge McNaughton expressed that she could not accept that Mr. Simon’s PTSD was directly related to the murder.
Profound loss and trauma
She highlighted that Mr. Simon’s testimony was unreliable and expressed a noticeable lack of remorse.
The New South Wales Supreme Court was informed that Mr. Simon has had no contact with his daughter since his incarceration and has been denied access to his four grandchildren.
Judge McNaughton noted that Ms. Simon’s victim impact statement underscored the profound loss and trauma inflicted by Mr. Conlon’s death.
She conveyed to the court that her father’s actions resulted in loss, grief, and a deep sense of betrayal as he took away her fiancé.
Ms. Simon recounted how Mr. Conlon encouraged her to forgive and support her relationship with her father.
She expressed her difficulty in articulating the pain, sorrow, fear, anger, and emptiness she has felt since Mr. Conlon’s passing.
She reflected on how her own father held her sons shortly after their births, proclaiming his love and protection over them, yet he killed their father and stepfather, causing irreparable harm.
It breaks her heart that her children will deal with the void left by their father’s absence due to the actions of the man who should have been their grandfather.
When sentencing Mr. Simon to 31 years in prison, Judge McNaughton emphasized that the sentence should serve as a deterrent against resolving disputes through violence.
She handed down a 31-year sentence, citing special circumstances, along with a non-parole period of 22 years, beginning on 9 February 2023.
Judge McNaughton acknowledged that neither words nor a sentence could restore the loss of a loved one and extended her condolences to Mr. Conlon’s family and loved ones.
