Two more men accused of murdering Tristan Sherry, who was killed after he fatally shot a man in a Dublin restaurant on Christmas Eve, have been sent forward for trial to the non-jury Special Criminal Court.
Gardaí served books of evidence on David Amah, 18, of Hazel Grove, Portrane Road, Donabate, Dublin and Michael Andrecut, 22, who both face murder charges, and Juares Kumbu, 18, who is solely accused of a firearms offence for removing the shooter’s murder weapon.
The Director of Public Prosecutions (DPP) chose the non-jury trial venue because, in this case: “The ordinary courts are inadequate to secure the effective administration of justice.”
Finglas father-of-one Sherry died from blunt force head trauma in Browne’s Steakhouse in Blanchardstown. He was injured after shooting Jason Hennessy Sr with a submachine gun.
Mr Hennessy, 48, from Corduff, Blanchardstown, had been having dinner with family and friends before he was shot in the neck and upper body. He died in hospital 11 days later.
The defendants had been refused bail earlier and appeared at Cloverhill District Court.
Senior prosecutor Tom Conlon told Judge Alan Mitchell that the DPP directed that they all be tried in the Special Criminal Court.
The DPP had furnished a certificate under section 46.2 of the Offences Against the State Act.
The judge agreed to grant a return-for-trial order and legal aid to the three, who will also have senior counsel representation.
He warned the defendant they must inform the prosecution if he intended to use an alibi, and he also ordered gardai to hand over interview videos to the defence.
They will learn the date of their appearance before the Special Criminal Court later and remain in custody, having been denied bail earlier.
Mr Kumbu and Amah did not speak during the hearing, but Mr Andrecut said “Nice one” when served with his book of evidence and later when the judge explained the order.
Judge Mitchell said that if they face trial together, “there will be large legal teams, and the courtroom will have to be big for this number of accused.”
Earlier, in their bail hearings, Detective Sergeant Mark Murphy alleged that the pair were in the restaurant when two gunmen entered and started shooting.
Mr 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. The hearing was told Mr Andrecut, with an address at Sheephill Avenue in Dublin 15, would be raising the issue of self-defence. Mr Amah, of Hazel Grove, Portrane Road, Donabate, Dublin, had informed gardai that he panicked and felt “my life is in danger”.
Mr Kumbu, Brookhaven Grove, Blanchardstown, had also been refused bail previously.
A hearing was told he had been at the steakhouse enjoying dinner with the Hennessy family when “two assassins with machine guns came in and started spraying bullets”.
Detective Garda Shane Guinan alleged one of the gunmen, Tristan Sherry, was grabbed by Jason Hennessy Sr, who “succumbed to his injuries”.
The court heard the gun fell to the floor, but it was picked up and put on a table. Mr Kumbu allegedly picked it up, left the restaurant and was driven away from the scene.
Last week, two other Dublin men also had their cases transferred to the same court.
Noah Musueni, 18, of Corduff Park, Corduff and Wayne Deegan, 26, of Linnetsfield, Avenue, are also accused of murdering Sherry.
Another youth and two other men are before the courts on related charges, including assault, violent disorder and a weapons offence during the incident.
One is Brandon Hennessy, 20, of Sheephill Avenue, Dublin 15, a son of Jason Hennessy Sr.
He has been accused of violent disorder and production of a commercial dustpan and brush with a steel handle capable of inflicting serious injury during the incident.
A court has heard he allegedly “retaliated” after his father was shot.
