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) of Sheephill Avenue in Dublin 15, have been charged with murder.
Mr Sherry died in Browne’s Steakhouse in Blanchardstown after shooting Jason Hennessy Sr, who died in hospital 11 days later. Mr 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, on Wednesday to apply for bail.
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However, the judge found gardaí had established grounds to object to bail and refused their applications.
Det Sgt Mark Murphy said several people, including the accused, attacked Mr Sherry with kicks and beat him with chairs and an iron bar. He was also stabbed in a “sustained attack” for five minutes.
Michael Andrecut allegedly struck him 50 times, repeatedly kicking and hitting him over the head and stabbing him in the face with an iron bar. It was alleged at one point, he walked away but returned and kicked Mr Sherry’s head while appearing to be recording on his mobile phone.
Mr Andrecut later told gardaí he fought out of “natural instinct” and “fight or flight” and that he was in shock.
The officer said CCTV evidence was at odds with this defence.
Mr Andrecut’s passport was found in a bag on top of a dog cage in the kitchen at his home, and gardaí feared he would abscond if granted bail.
The court heard that Mr Andrecut was Irish, but his parents were Romanian. His mother had not been to Romania in several years, and the defence submitted that Mr Andrecut had limited ties to that country.
He lived with his family in Dublin and worked in construction. His barrister, Aoife O’Leary, said her client would be raising the issue of self-defence.
Det Sgt Murphy 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 because of a recent trip to Turkey.
The court heard that David Amah, then 17, repeatedly punched and shook Mr Sherry, and an object, believed to be a knife, could be seen in his hand. It was also alleged he kicked and stamped on Mr 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 Mr Sherry was a threat to his life.
Det Sgt Murphy said the gun had been removed, and he alleged Mr Amah was aware of that and continued to attack Mr Sherry.
He said at one point, Mr Amah was standing behind a male who was holding the gun after it fell.
The officer said Mr Amah had a transient lifestyle and was staying between family and friends.
Questioned by defence counsel Oisín Clarke, he agreed that the accused presented himself to a Garda station by appointment. The defence barrister said Mr 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 Mr 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 the prospect of “reprisal 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 struggle.
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 on Wednesday and detained for questioning.
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