Tristan Sherry
TWO MEN ACCUSED of murdering gunman Tristan Sherry, who died from “blunt force trauma to the head” after he fatally shot a man in a Dublin restaurant on Christmas Eve, have been denied bail.
David Amah, 18, of Hazel Grove, Portrane Road, Donabate, Dublin and Michael Andrecut, 22, with an address at Sheephill Avenue in Dublin 15, have been charged with murder.
Sherry died in Browne’s Steakhouse in Blanchardstown after shooting Jason Hennessy Sr, who died in hospital 11 days later. Hennessy, 48, had been having dinner with family and friends before the gun attack.
The pair appeared via video-link before Mr Justice Tony Hunt at the High Court in Cloverhill, Dublin, today to apply for bail.
However, the judge held gardaí had established grounds to object to bail and refused their applications, following a lengthy hearing.
Detective Sergeant Mark Murphy agreed with Kitty Perle BL, for the State, that Sherry died from blunt force trauma to the head.
He alleged that the pair were in the restaurant when two gunmen entered and started shooting.
Sherry and Hennessy fell to the ground, and the firearm dropped.
It was ultimately picked up and removed by another person. Several people attacked Sherry with kicks and beat him with chairs and an iron bar, and he was also stabbed in a “sustained attack” for five minutes.
The court heard it continued after the gun was removed.
Michael Andrecut allegedly struck him 50 times.
The court heard gardaí obtained CCTV evidence, and it was claimed Andrecut repeatedly kicked and hit him over the head and stabbed him in the face with an iron bar.
It was alleged at one point, he walked away but returned and kicked Sherry’s head while appearing to be recording on his mobile phone.
The bail hearing was told that Andrecut was asked in his garda interview how he felt, and he answered “terrible”, but added that it was “natural instinct” and “fight or flight” and that he was in shock.
The officer believed that the video evidence dismissed the fight for flight rationale.
His passport was found in a bag on top of a dog cage in the kitchen at his home, and the gardaí feared he would abscond.
The court heard that Andrecut was Irish, but his parents were Romanian. His mother had not been to Romania in several years, and the defence submitted that Andrecut had limited ties to that country.
He lived with his family in Dublin and worked in construction.
His barrister, Aoife O’Leary, said that Andrecut would be raising the issue of self-defence.
The detective sergeant agreed that her client had told him he did not know the gun had been taken from Sherry.
The court heard his passport was in a bag after a recent trip to Turkey.
The court heard that David Amah, then 17 and a minor, repeatedly punched Sherry and shook him and an object, believed to be a knife, could be seen in his hand. It was also alleged he kicked and stamped on Sherry and that he also appeared to take a video as he kicked him.
He told gardaí he didn’t know the firearm was gone; he was frightened of the gunman and felt Sherry was a threat.
He claimed in his garda interview that he panicked and felt “my life is in danger”, and women and children were present and that Sherry was a threat.
However, Sergeant Murphy said the gun had been removed, and he alleged Amah was aware of that and continued to attack Sherry.
He maintained at one point, Amah was standing behind a male who was holding the gun after it fell.
The officer said Amah had a transient lifestyle and was staying between family and friends.
Questioned by defence counsel Oisin Clarke, he agreed that the accused presented himself to a garda station by appointment, and gardaí did not have to look for him.
The defence barrister said Amah could reside with his mother in emergency accommodation. The court heard that he had an Irish passport and an expired Nigerian passport but was born in Ireland.
Counsel proposed that they could be handed over to alleviate garda concerns, and he asked the court to note that his client was a child at the time.
The court also heard they wished to be able to attend Hennessy’s funeral, and the defendants’ family had offered €5,000 bail in each case.
The officer feared they would abscond, seek revenge, be a risk to the second gunman who remains at large, or that there would be an escalation.
He also feared for public safety and that there would be “reprisals attacks”.
Refusing bail, Mr Justice Hunt said he doubted many would have sympathy for Sherry, but he described the footage as “worrying” and noted that the gun had been removed in the melee.
Mr Justice Hunt viewed the footage not played in open court due to an ongoing garda investigation.
He held that Detective Sergeant Murphy that Andrecut had a significant incentive to avoid the consequences and that the plea based on Amah’s age was limited.
A 17-year-old boy has also been charged with Sherry’s murder and remains in custody pending his next hearing in the Children’s Court in four weeks.
Another co-defendant, Wayne Deegan, 25, of Linnetsfield Avenue, Phibblestown, Dublin 15, was charged with producing a knife as a weapon during an offence, assault causing harm to Tristan Sherry, and violent disorder. He was refused bail last week in the district court, which heard he would also raise self-defence in his trial.
Another teenage male was arrested today and was detained for questioning.
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